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Case: In the Interest of:  F.L.M.
Case Number: ED106208
Court: Missouri Court of Appeals, Eastern District
Decision Date: Unknown
Outcome: remanded
Practice Area: other
Canonical URL: https://ott.law/missouri-courts/opinions/in-the-interest-of-flm-106208
Official Source URL: https://www.courts.mo.gov/file.jsp?id=132674

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## Opinion

3Jn tbe :iflllissouri 
QJ:ourt of �ppeals 
<fastern 1ID 
istrict
IN 
THE 
INTEREST 
OF: 
F.L.M. 

) 
) 
) 
) 
) 
) 
) 
) 
No. 
ED 
106208 
Appeal 
from 
the 
Circuit 
Comi 
of the City of St. Louis 
Honorable Robin Ransom  

30, 
2018 
The 
father, 
M.S.F., 
appeals 
the 
judgment 
entered 
by 
the 
Circuit 
Comi 
of 
the 
City 
of 
St. 
Louis 
terminating 
his 
parental 
rights 
to 
his 
six-year-old 
child, 
F.L.M., 
and 
later 
granting 
the 
petition 
of 
the 
guardians, 
K.F. 
and 
L.F., 
to 
adopt 
the 
child.
1 
We 
find 
that 
the 
record 
contains 
no 
clear, 
cogent, 
and 
convincing 
evidence 
to 
suppmi 
the 
trial 
comi's 
determination 
that 
the 
father 
willfully, 
substantially, 
and 
continuously 
neglected 
to 
provide 
the 
child 
with 
necessary 
care 
and 
protection. 
We 
reverse 
and 
remand 
with 
instructions. 
Factual and Procedural 
Background 
1 
This case came 
to us on appeal 
only after 
the guardians 
adopte
d the child 
in December 
2017. 
The trial court 
terminated 
the father's 
parental 
rights 
in its judgment 
of September 
18, 2017. 
The father's 
trial counsel 
failed 
to 
notify 
the father 
of the court's 
judgment 
until 
late November 
2017, 
well after 
the time 
for appeal 
of the termination 
of the father's 
parental 
rights 
expired, 
and trial counsel 
never 
sought 
to file a notice 
of appeal. 
The father 
filed, 
pro
se, 
a motion 
for late notice 
of appeal 
in December 
20 I 7, which 
this Court 
granted 
because 
of the gravity 
of 
terminating 
the father's 
parental 
rights. 
The father 
then filed 
his notice 
of appeal 
prose, 
and later 
obtained 
appointment 
of new 
counsel 
to pursue 
this 
appeal.