ANTOINETTE PARIS QUINONES, APPELLANT,
v.
RICHARD QUINONES, APPELLEE
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The court held that the Florida court lacked subject matter jurisdiction to issue the child custody judgment, rendering it void.
The parties obtained conflicting child custody judgments from Massachusetts and Florida. The wife sought relief from the Florida judgment, arguing the…
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PER CURIAM.
Antoinette Quinones, the former wife, appeals an order denying a motion for relief from judgment. We reverse.
The parties obtained conflicting judgments awarding child custody. A Massachusetts judgment awards custody of the minor daughter of the marriage to the wife, with whom the child now resides, while a Florida judgment awards child custody to the husband. The wife filed a motion for relief from judgment pursuant to Rule 1.540(b)(4), Florida Rules of Civil Procedure, seeking relief from the Florida judgment insofar as it awarded child custody to the husband. The trial court denied the motion and the former wife has appealed.
It is undisputed on this record that Florida had not become the home state of the child at the time the petition for dissolution of marriage was filed. See § 61.1308, Fla. Stat. (1987). It is also clear that none of the other bases for exercise of jurisdiction under the Uniform Child Custody Jurisdiction Act were met. See id. That being so, the trial court did not acquire subject matter jurisdiction over the issue of child custody for purposes of the Act, Howard v. Howard, 509 So. 2d 1260, 1261-62 (Fla. 2d DCA 1987); Perez v. Perez, 462 So. 2d 546, 547 (Fla. 1st DCA 1985); see also Mondy v. Mondy, 428 So. 2d 235, 239 (Fla.1983). Without jurisdiction over the subject matter, the judgment was void. Kutner v. Kutner, 159 Fla. 870, 33 So. 2d 42 (1947); see also Falkner v. Amerifirst Fed. Sav. & Loan Ass’n, 489 So. 2d 758, 759-60 (Fla. 3d DCA 1986). We therefore reverse the order under review and remand with directions to grant relief from the final judgment insofar as it treats the issue of child custody.
Reversed and remanded.
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Chapoteau v. Jean-Rene Chapoteau, 659 So. 2d 1381 (Fla. 3d DCA 1995)…own v. Tan, 395 So. 2d 1249 (Fla. 3d DCA 1981). Because the court lacked subject matter jurisdiction, its awards of visitation and custody are void, and must be reversed. Gonzalez v. Gonzalez, 654 So. 2d 257 (Fla. 3d DCA 1995); Quinones v. Quinones, 569 So. 2d 884 (Fla. 3d DCA 1990). Contrary to the former husband’s argument, the former wife did not waive her UCCJA subject matter jurisdiction objection by requesting that the court award child support.1 “Subject matter jurisdiction is a power that arises sole…
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Gonzalez v. Gonzalez, 654 So. 2d 257 (Fla. 3d DCA 1995)…ter jurisdiction to enter a judgment with respect to any issue concerning the custody of the child. Therefore, the portion of the final judgment of dissolution giving permanent custody of the child to the wife is a nullity. See Quinones v. Quinones, 569 So. 2d 884 (Fla. 3d DCA 1990); see also Gay v. McCaughan, 105 So. 2d 771 (Fla.1958); Arcadia Citrus Growers Ass'n v. Hollingsworth, 135 Fla. 322, 185 So. 431 (1938); Skipper v. Schumacher, 124 Fla. 384, 169 So. 58, cert. denied, 299 U.S. 507, 57 S.Ct. 39, 81 L…
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Karen Chaddick f/n/a Karen Monopoli v. Monopoli, 677 So. 2d 347 (Fla. 5th DCA 1996)…Florida courts have also refused to recognize and defer to a custody [*353] decree entered by another state. That 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 o…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Falkner v. Amerifirst Fed. Sav. & Loan Ass'n, 489 So. 2d 758 (Fla. 3d DCA 1986)
- McNeil v. Jenkins-McNeil (Fla. 5th DCA 2018)
- Mondy v. Mondy, 428 So. 2d 235 (Fla. 1983)
- Kutner v. Kutner, 159 Fla. 870 (Fla. 1947)
- Perez v. Perez, 462 So. 2d 546 (Fla. 1st DCA 1985)
- Howard v. Howard, 509 So. 2d 1260 (Fla. 2d DCA 1987)