LEONA MEYERS, APPELLANT,
v.
MICHAEL MEYERS, APPELLEE
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Florida appellate court reversed dismissal of mother's action to set aside custody judgment, holding that allegations of lack of subject-matter jurisdiction under the Uniform Child Custody Jurisdictional Act stated a valid cause of action.
A mother's petition alleging that a Florida court lacked subject-matter jurisdiction under the Uniform Child Custody Jurisdictional Act states a valid cause of action and cannot be dismissed.
[1] Under the Uniform Child Custody Jurisdictional Act, a court lacks subject-matter jurisdiction to award custody when the children's home state is another jurisdiction, cus…
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Join FLexlaw to unlock all legal intelligenceA Florida court awarded custody of minor children to the father. The mother filed an independent action to set aside the judgment, alleging the childr…
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PER CURIAM.
We reverse the trial court’s order which dismissed with prejudice the mother’s independent action to set aside a Florida final judgment awarding custody of the parties’ children to the father. The mother’s petition, the allegations of which must be taken as true, Raney v. Jimmie Diesel Corp., 362 So. 2d 997 (Fla. 3d DCA 1978); Temples v. Florida Industrial Construction Co., 310 So. 2d 326 (Fla. 2d DCA 1975); Hembree v. Reaves, 266 So. 2d 362 (Fla. 1st DCA 1972); Bond v. Koscot Interplanetary, Inc., 246 So. 2d 631 (Fla. 4th DCA 1971), set forth that at the time of the father’s petition upon which the Florida court acted, the minor children had resided within the State of Florida for three days; New Jersey was the home state of the children; proceedings respecting the custody of the children had been commenced in New Jersey; the children had no significant connection with the State of Florida, and no substantial evidence concerning the children was available in Florida; and no emergency threatening the health and welfare of the children existed. The mother’s petition further alleged that the Florida court entered its final judgment after a New Jersey court had awarded custody of the children to the mother. The foregoing allegations taken together state a cause of action that the Florida court lacked subject-matter jurisdiction when it entered its final judgment awarding custody to the father, Uniform Child Custody Jurisdictional Act, § 61.-1302-1348, Fla.Stat. (1981), and dismissal of the action was unwarranted.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Karen Chaddick f/n/a Karen Monopoli v. Monopoli, 677 So. 2d 347 (Fla. 5th DCA 1996)…should have happened here, since the record establishes no basis for subject matter jurisdiction in Virginia. See Quinones v. Quinones, 569 So. 2d 884 (Fla. 3d DCA 1990); In re Adoption of C.L.W, 467 So. 2d 1106 (Fla. 2d DCA 1985); Meyers v. Meyers, 430 So. 2d 500 (Fla. 3d DCA 1983). From this record it appears that Chaddiek made an appearance in the Virginia proceedings and raised the question of subject matter jurisdiction of the Virginia court to act under these circumstances, citing both the UCCJA and th…1 / 2
Authorities Cited
- Temples v. Fla. Indus. Constr. Co., Inc., 310 So. 2d 326 (Fla. 2d DCA 1975)
- Raney v. Jimmie Diesel Corp., 362 So. 2d 997 (Fla. 3d DCA 1978)
- Wright v. Weinstock, 246 So. 2d 631 (Fla. 3d DCA 1971)
- Bond v. Koscot Interplanetary, Inc., 246 So. 2d 631 (Fla. 4th DCA 1971)
- Hembree v. Reaves, 266 So. 2d 362 (Fla. 1st DCA 1972)
- Stoudt v. State, 266 So. 2d 362 (Fla. 1st DCA 1972)