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SC18-1372 D.M., etc. v. M.D., etc.

M.D., the father of two children, was convicted and sentenced to prison for receipt of child pornography. As a result, D.M., the mother, petitioned the trial court to terminate M.D.’s parental rights under a Florida statute providing that a parent’s imprisonment constitutes abandonment of children under certain circumstances. The trial court denied the petition without making the findings required by statute. The Fifth DCA affirmed the trial court’s decision, and the mother asked this Court for review, arguing that the Fifth DCA’s decision conflicts with other appellate court decisions.