Supreme Court of the United States · Official docket →
N. M., Mother of A. J., C. M., and S. M., Children v. Florida Department of Children and Families
Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D17-1179 · judgment August 15, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Fifth Amendment and Fourteenth Amendment guarantee of Due Process of Law was violated when the State of Florida terminated the parental-rights of petitioner, when there was no clear and convincing evidence provided by the State in support of a termination of those rights. Whether Florida Statutes §§ 39; 827, are unconstitutional with respect to the lack of Due Process of Law afforded to a marital-partner, where no showing of clear and convincing evidence of child abuse is required in order to terminate the parentalrights of the parent who did not commit the alleged abuse.
Counsel of record
For petitioner
Patrick Michael Megaro
Halscott Megaro, P.A.
For respondent
Thomasina Fornash Moore
Shutts & Bowen
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 02 2018Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Apr 02 2018Petition DENIED.
- Mar 13 2018DISTRIBUTED for Conference of 3/29/2018.
- Feb 26 2018Brief of respondent Guardian ad Litem Program in opposition filed.
- Feb 26 2018Motion for leave to proceed in forma pauperis filed by respondent Guardian ad Litem Program, on behalf of S.M.
- Jan 29 2018Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2018, for all respondents.
- Jan 25 2018Motion to extend the time to file a response from January 25, 2018 to February 26, 2018, submitted to The Clerk.
- Jan 10 2018Waiver of right of respondent Florida Department of Children & Families to respond filed.
- Dec 19 2017Petition for a writ of certiorari filed. (Response due January 25, 2018)