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THOMAS LUPINEK, APPELLANT, v. TOM FIRTH AND LISA FIRTH, NATURAL PARENTS, APPELLEES.

GRIFFIN, Judge.

The order appealed, which declared the petitioner's Motion for Termination of Parental Rights a "nullity", is reversed. Pursuant to section 39.461(1), Florida Statutes, and Florida Rule of Juvenile Procedure 8.500(b), appellant, as the child's Guardian Ad Litem, had the authority to file a petition to terminate parental rights. The petition may have been defective but it was not a nullity.

REVERSED and REMANDED.

PETERSON and THOMPSON, JJ., concur.

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LUPINEK v. FIRTH
(May 28, 1993)