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IN RE A.P.

No. 2D13-4135.

135 So.3d 541 (2014)

In the Interest of A.P. and J.P., Jr., minor children. J.P., Sr., Appellant, v. Department of Children and Family Services and Guardian Ad Litem Program, Appellees.

District Court of Appeal of Florida, Second District.

April 9, 2014.

Attorney(s) appearing for the Case

Ita M. Neymotin , Regional Counsel, Second District, and Joseph Thye Sexton , Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Meredith Hall , Assistant Attorney General, Tampa, for Appellee Department of Children and Family Services.

Jennifer S. Paullin , Sanford, for Appellee Guardian ad Litem Program.

KELLY, Judge.

J.P., Sr. (the Father), appeals from the trial court's order that finds his children, A.P. and J.P., Jr., to be dependent on the grounds of neglect. Because the evidence fails to support the basis for a finding of dependency, we reverse.

The Department filed a dependency petition after the Father was arrested at his sister's home where he was living with his children and an unsecured gun was found in a bedroom. The police officers confiscated...

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