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MICHAEL ALLEN MOTES, APPELLANT, v. MICHAEL RANDY RAWSON, AND NICOLE MICHELLE RAWSON, APPELLEES.

PER CURIAM.

AFFIRMED.

COBB and GRIFFIN, JJ., concur.

PETERSON, C.J., dissents, with opinion.

PETERSON, Chief Judge, dissenting.

I respectfully dissent for the reason that due process was flawed in the adoption proceeding that terminated the parental rights of an incarcerated father. While the result may be the same in a rehearing of the matter, the father is entitled to be heard and have an attorney represent him in a termination hearing. See In the Interest of D.B., 385 So.2d 83 (Fla. 1980); Palmateer v. Dept. of Health and Rehabilitative Services, 625 So.2d 117 (Fla. 5th DCA 1993).

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MOTES v. RAWSON
(Apr 10, 1996)