West Palm Beach Divorce Lawyer Matthew S. Nugent observed the following case from Florida’s Third District Court of Appeal, which can be viewed by clicking the name of the case in the summary below:

Case:               E.H. v. Department of Children and Families

Court:             Third District Court of Appeal.

Trial Judge:   Lawrence Mirman.

Attorneys:      Antony P. Ryan, Regional Counsel, Richard B. Kaplan of the Office of Criminal Conflict and Civil Regional Counsel, Karla Perkins.

Issues:             Child Custody, Dependency.

Holding:          A court’s final ruling of dependency of a child is a mixed question of law and fact, to be sustained on review if the court correctly applied the relevant law and properly considered competent substantial evidence before it. In this case, the trial court did not err as it based its decision on competent, substantial evidence which showed that the child at issue was at substantial risk of imminent abuse if placed with the petitioner. Abuse means any wilful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Harm includes the infliction of physical, mental, or emotional injury on the child or allowing harm to be inflicted upon the child. The trial court was correct in its consideration of the facts and its application of the relevant statutes.

Matthew S. Nugent is a West Palm Beach Divorce Attorney with the law firm of Nugent Zborowski & Bruce. Mr. Nugent’s law practice is limited to the mediation, litigation and appeals of divorce and family law matters. His practice is throughout South Florida, including Palm Beach Gardens, Boca Raton, West Palm Beach, and other areas throughout Palm Beach County, Martin County and Broward County. To speak with Mr. Nugent, or another member of the firm, call (561) 844-1200.