IN THE INTEREST OF M.L.M., A CHILD

Fla. 1st DCA | 1988-07-01
No. 88-804
SMITH, C.J., concurs., ZEHMER, J., concurs with written opinion.
528 So. 2d 54 Florida District Court of Appeal, First District (1988) Positive Treatment
Cited by 14 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Adoptive parents (who were also maternal grandparents) appealed a trial court order granting paternal grandparents the right to intervene in a closed adoption proceeding and disclosing the adoptive parents' names. The Florida appellate court affirmed, holding that intervention was proper to enforce pre-adoption visitation rights and that good cause existed for disclosure under the relevant statute.


Holding

The trial court properly denied the motion for continuance and did not abuse its discretion; disclosure of names was appropriate and not shown to cause harm; intervention was properly granted as a narrow exception where it furthered justice without injuring the original parties; and good cause existed for disclosure under Florida Statutes § 63.162 where paternal grandparents sought to enforce previously awarded visitation rights.


Headnotes

[1] A trial court does not abuse its discretion by denying a motion for continuance when the opposing party had ample time to prepare and the case involves the child's relati…

[2] A trial court's order disclosing information in a closed adoption proceeding is not reversible error absent a showing of harm to the appealing party.

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Key Quotes

“We further note that expediency is understandable and maybe even required by a trial court when a child's relationship with its grandparents is allegedly being wrongfully thwarted.”

Establishes the court's rationale for allowing expedited proceedings and denying continuance request, balancing procedural fairness against the child's interest in family relationships.

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Facts & Procedural History

The natural parents of M.L.M. were divorced in 1985, and paternal grandparents were awarded visitation rights. After the father's death, the paternal …

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Opinion of the Court
JOANOS, Judge.

JOANOS, Judge.

The adoptive parents, who were also the maternal grandparents, appeal a non-final order granting the paternal grandparents the right to intervene in an adoption proceeding and disclosing the names of the adoptive parents.

Appellants present four points. First, they argue that the trial court erred in proceeding to a hearing over objection, and in denying appellants’ request for a continuance. This argument is twofold:

1. The trial court lacked in-personam jurisdiction because service of process was defective and appellants were not allowed sufficient time to file proper motions directed at the deficiencies; and

2. Appellants were not afforded sufficient notice to adequately prepare a defense or to file responsive pleadings or motions.

Second, appellants argue that the trial court erred by ordering the disclosure of information in a closed adoption proceeding in open court before the finding of good cause could be appealed. Next, appellants assert that the trial court erred by granting the paternal grandparents the right to intervene in a closed adoption proceeding. And finally, appellants argue that the trial court erred in finding that good cause existed to disclose information in a closed adoption proceeding, and basing that finding of good cause on whether the paternal grandparents could enforce visitation rights awarded to them prior to adoption proceedings. We affirm on all points.

This is the second time this controversy has been before this court. See Dixon v. Melton, 515 So. 2d 1309 (Fla. 1st DCA 1987).

The natural mothér and father of the child, M.L.M., were divorced in Leon County in 1985. The paternal grandparents were awarded visitation rights in the final judgment of dissolution. Thereafter, the father was killed in an automobile crash. After the father’s death, the paternal grandparents intervened in the dissolution case and sought enforcement of their visitation rights. While those efforts were pending, a final judgment of adoption was granted to the appellants in Okaloosa County. The paternal grandparents have alleged that such adoption was a sham and designed solely to keep them from visiting their grandchild.

The paternal grandparents assert that during the two years in which they have sought the court’s help in enforcing their visitation rights, they have had visitation with the child only on one brief occasion. They further assert that the natural mother has employed delaying tactics. The paternal grandparents filed a motion for contempt in Leon County to enforce their visitation rights. The circuit court issued two orders, one which sanctioned the natural mother by sentencing her to 30 days in Leon County jail and the other order directed to the clerk of Okaloosa County Circuit Court to produce the file for inspection and copying. The natural mother filed a notice of appeal, a motion to stay and a petition for prohibition. This court, in Dixon v. Melton, held that jurisdiction should be with the court that entered the adoption order, and as such reversed both the order granting disclosure and the order of contempt. The paternal grandparents then filed, in the Okaloosa County Circuit Court, a petition for leave to intervene and for an order authorizing the disclosure of records relating to adoption on January 29, 1988. After a hearing, the trial court entered an order granting the paternal grandparents the right to intervene and granting the disclosure of the names of the adoptive parents. Counsel for appellants filed a written objection to the format of that order and the trial court entered an amended order from which this appeal was taken.

The petition to intervene and for disclosure was filed on January 29, 1988, and a copy was certified to Marva Davis, the attorney of record for the natural mother. Counsel for appellants was contacted on February 5, 1988, and retained by the appellants to represent them in . the proceedings. Counsel for appellants objected to the hearing on the grounds that he had not had adequate time to prepare or file any responsive pleadings or motions. The trial court denied counsel’s motion for continuance.

After the hearing, the trial court found that good cause existed and ordered the clerk, over objection of counsel, to disclose the names of the adoptive parents in open court. Counsel for appellants strenuously objected and requested the trial court to stay the disclosure until the issue could be determined on appeal. The trial court refused this request and permitted the disclosure.

The trial court granted the paternal grandparents intervenor status in the adoption case for the purpose of establishing visitation rights granted by the Leon County Circuit Court prior to the adoption.

We affirm the trial court’s order which granted intervention to appellees and which revealed the names of the adoptive parents.

In the earlier opinion regarding jurisdiction of this case, this court specifically found that the Okaloosa County Circuit Court had continuing jurisdiction over the adoption proceeding in this cause, whereas the Leon County Circuit Court did not have jurisdiction. 515 So. 2d at 1311.

Appellants argue correctly that they had less than the statutory 20 days in which to respond to the Petition to Intervene, once appellants’ attorney received the notice of the hearing. However, we are not persuaded that appellants were prejudiced by this lack of preparation time, or by the court’s denial of their request for continuance. As appellees contend, the court granted a second hearing in response to appellants’ motion for rehearing, and the court gave the appellants a full opportunity to again present all of their arguments. Further, we agree with appellees that this court’s opinion, which directed the paternal grandparents to seek relief in the Okaloosa County Circuit Court, was issued three months prior to the hearing in this case, and therefore, the natural mother, and the adoptive parents (natural mother’s parents who reside with the natural mother), had ample time to prepare to argue this visitation issue.

We further note that expediency is understandable and maybe even required by a trial court when a child’s relationship with its grandparents is allegedly being wrongfully thwarted. We conclude that appellants have not established that, given these circumstances, the trial court abused its discretion by denying their motion for continuance regarding the initial hearing on the petition to intervene.

Upon review of point two, we find that appellants have not explained how they were harmed because the trial court disclosed the names of the adoptive parents. Appellants merely state that this was an abuse of discretion and as such constituted reversible error, yet appellants offer no support for such a conclusion.

We are also unpersuaded by appellant’s argument in point three. Cases cited by appellant to support this point, are distinguishable and not supportive. Boca Development Associates, Ltd. v. Holiday City Civic Association, Inc., 411 So. 2d 343 (Fla. 4th DCA 1982); Regency Highland Associates v. Regency Highland Condominium Association, Inc., v. Marie Aurriccho Fence Division, Inc., 405 So. 2d 788 (Fla. 4th DCA 1981), and Maryland Casualty Company v. Hanson Dredging, Inc., 393 So. 2d 595 (Fla. 4th DCA 1981). These cases simply reiterate the proposition that “[intervention involves an exercise of the chancellor’s discretion and his determination will not be disturbed unless error is clearly made to appear.” 393 So. 2d at 596. Further, as appellees contend, in these eases appellants had other recourse to seek relief, whereas in the instant case this court found that the paternal grandparents had no recourse but to appeal to the court which maintained continuing authority after the final judgment of adoption was entered. 515 So. 2d at 1310. We find that the record does not demonstrate an abuse of discretion by the trial court, nor have appellants demonstrated that injustice resulted from the court’s grant of appellees’ motion to intervene. This court recognized in Lewis v. Turlington, et. al., 499 So. 2d 905 (Fla. 1st DCA 1986), that there is a very narrow exception to the general rule that intervention may not be granted after a final judgment is issued, but the exception does exist where intervention would in no way injuriously effect the original litigants and when allowing the intervention will further the interests of justice. 499 So. 2d at 907. Appellees argue persuasively that, as in Wags Transportation System, Inc. et. al. v. City of Miami Beach, 88 So. 2d 751 (Fla.1956), where petitioner’s home was at stake which justified the grant of intervention to further the interests of justice, in the instant case, there is a child’s relationship with its paternal grandparents at stake which similarly justifies granting intervention. Therefore, we affirm on this point also.

Finally, as appellees contend, the trial court specifically stated in its order that, in determining whether the names should be disclosed, it considered all of the factors enumerated in § 63.162, Florida Statutes (1987). The court weighed the purpose of the grandparents’ request for disclosure pursuant to § 63.162(1)(d)4.a., Florida Statutes — reason information is sought, against potential harm to the appellants. The court concluded that the grandparents were pursuing rights of visitation previously granted by a court order, and that appellants had not established how such disclosure would be adverse to the best interests of the child,

AFFIRMED.

SMITH, C.J., concurs.

ZEHMER, J., concurs with written opinion.

Concurrence
ZEHMER, Judge

ZEHMER, Judge

(concurring).

This case presents the court with a most unusual situation. The child’s mother and her parents have taken extraordinary measures to prevent the parents of the child’s deceased father from visiting with the child by initiating adoption proceedings in the Circuit Court of Okaloosa County while custody proceedings were pending in the Circuit Court of Leon County to determine the paternal grandparents’ right of visita tion. The adoption proceedings were initiated without notice to the paternal grandparents or to the Circuit Court of Leon County. In my view, the pendency of the visitation proceedings in Leon County required that notice of the mother’s attempt to place the child for adoption be given to the parents and to that court. Thus, I would hold that the paternal grandparents had an absolute right to intervene in the adoption proceedings and contest their validity for lack of notice. After this court’s decision in Dixon v. Melton, 515 So. 2d 1309 (Fla. 1st DCA 1987), the paternal grandparents had no other course of action available to them.

If, however, the right to intervene is to be treated as a matter of discretion, as the majority opinion does in this case, I fully concur with the majority on all four points raised on appeal.


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Citator

Cited By

  • Y.H. v. F.L.H. and K.W.H., 784 So. 2d 565 (Fla. 1st DCA 2001)
    …ich she has failed to argue. Y.H. does not contend, for example, that she ever had or sought to obtain court-ordered visitation rights with her newborn granddaughter. Cf. In re Adoption of a Minor Child, 593 So. 2d 185, 189 (Fla.1991); In re M.L.M., 528 So. 2d 54, 55-56 (Fla. 1st DCA 1988). She makes no allegation of fraud or deception of the kind discussed in Ramey v. Thomas, 382 So. 2d 78, 81-82 (Fla. 5th DCA 1980), where the maternal grandparents also apparently had court-ordered visitation rights, at lea…
    1 / 2
  • Fla. Dep't of Health & Rehabilitative Servs. v. DOE, 659 So. 2d 697 (Fla. 1st DCA 1995)
    …e Services, 353 So. 2d 197 (Fla. 3d DCA 1977); (2) where the intervenors are grandparents who previously had legal visitation granted in a dissolution proceeding, In re Adoption of a Minor Child, 593 So. 2d 185 (Fla.1991); In the Interest of M.L.M., 528 So. 2d 54 (Fla. 1st DCA [*699] 1988); and (3) where the intervenors are foster parents who have cared for and developed a relationship with the child who is subject to the adoption proceedings, Alexander v. Alexander, 206 So. 2d 452 (Fla. 2d DCA 1968). We fee…
  • …e is limited after a final decree has been entered. Generally, “it is too late to apply for intervention after final decree has been entered.” Wags Transp. Sys., Inc. v. City of Miami Beach, 88 So. 2d 751, 752 (Fla. 1956); In the Interest of M.L.M., 528 So. 2d 54 (Fla. 1st DCA 1988); De Anza Corp. v. Hollywood Estates Homeowners Ass’n, 443 So. 2d 462 (Fla. 4th DCA 1984). Cf. Provident Life and Accident Ins. Co. v. Prichard, 636 So. 2d 731 (Fla. 4th DCA 1993) (we addressed the harsh rule against post-judgment…

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