Lupinek v. Firth

619 So. 2d 379 | Fla. Dist. Ct. App. | 1993

619 So.2d 379 (1993)

Thomas LUPINEK, Appellant,
v.
Tom FIRTH and Lisa Firth, Natural Parents, Appellees.

No. 92-2936.

District Court of Appeal of Florida, Fifth District.

May 28, 1993.

*380 Teresa Cooper Ward, St. Petersburg, for appellant.

No appearance for appellees.

GRIFFIN, Judge.

The order appealed, which declared the petitioner's Motion for Termination of Parental Rights a "nullity", is reversed. Pursuant to section 39.461(1), Florida Statutes, and Florida Rule of Juvenile Procedure 8.500(b), appellant, as the child's Guardian Ad Litem, had the authority to file a petition to terminate parental rights. The petition may have been defective but it was not a nullity.

REVERSED and REMANDED.

PETERSON and THOMPSON, JJ., concur.