CHRISTOPHER LEE, PETITIONER/APPELLANT,
v.
KIRSTEN LEE CAMPION, RESPONDENT/APPELLEE
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The appellate court granted a petition for writ of prohibition, quashing a lower court's order that denied a motion to dismiss a paternity and child custody action. The court found the lower court lacked subject matter jurisdiction because the parties and child resided in England and no evidence supported an exception to the jurisdictional rules.
Yes, the trial court erred in denying the motion to dismiss. The court lacked subject matter jurisdiction because the parties and child reside in England, and no evidence was presented to establish jurisdiction under the applicable statutory exception.
[1] A petition for writ of prohibition is an appropriate remedy to challenge a trial court's order denying a motion to dismiss for lack of subject matter jurisdiction.
[2] Florida courts may exercise jurisdiction over a child custody matter under section 61.1308(1)(d), Florida Statutes, only if no other state would have jurisdiction or anot…
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Join FLexlaw to unlock all legal intelligence“He asserts that he, the mother, and the child all reside in England.”
Establishes the factual basis for the jurisdictional challenge.
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Join FLexlaw to unlock all legal intelligencePetitioner Christopher Lee sought to dismiss a paternity and child custody action, arguing the Florida court lacked subject matter and personal jurisd…
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PER CURIAM.
Christopher Lee, Petitioner, filed a petition for writ of prohibition/certiorari, and an appeal, both of which sought review of the same order denying his motion to dismiss for lack of subject matter and personal jurisdiction. We grant the petition for writ of prohibition, and dismiss the appeal and balance of the petition as moot.
We have jurisdiction to entertain the petition for writ of prohibition. See Walker v. Garrison, 610 So. 2d 716 (Fla. 4th DCA 1992).
Petitioner contends that the trial court lacks subject matter jurisdiction over a paternity and child custody action filed against him. He asserts that he, the mother, and the child all reside in England.
Section 61.1308, Florida Statutes, is applicable in determining subject matter jurisdiction in a child custody proceeding.
At the hearing on the motion to dismiss, the Respondent conceded that the court did not have subject matter jurisdiction pursuant to section 61.1308(l)(a) through (l)(c).
The Respondent argued that subsection (l)(d) applied. That subsection provides that a court of this state may exercise jurisdiction over a child custody matter if “[i]t appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraph (a), paragraph (b), or paragraph (c), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody of the child, and ... [i]t is in the best interest of the child that a court of this state assume jurisdiction.” However, no evidence was admitted during the hearing establishing that subsection (l)(d) applied.
Thus, the trial court erred in denying the motion to dismiss for lack of subject matter jurisdiction. The order denying the motion to dismiss is quashed and this opinion shall serve as the writ prohibiting the trial court from exercising further jurisdiction in the case other than to enter an order dismissing the paternity/child custody action for lack of subject matter jurisdiction.
POLEN, C.J., FARMER and SHAHOOD, JJ., concur.
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Citator
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In re Commitment OF Larry Phillips. Larry Phillips v. State, 69 So. 3d 951 (Fla. 2d DCA 2010)…so known as the Jimmy Ryce Act. . A petition for writ of prohibition is a proper vehicle to challenge the court’s lack of subject matter jurisdiction. See Citizens Prop. Ins. Corp. v. Garfinkel, 25 So. 3d 62, 63 (Fla. 5th DCA 2009); Lee v. Campion, 823 So. 2d 159, 159 (Fla. 4th DCA 2002); see also Larimore v. State, 2 So. 3d 101, 117 (Fla.2008) (quashing decision denying petition for writ of prohibition sought to request dismissal of civil commitment petition based on lack of jurisdiction). . Section 394.91…
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In re Guardianship OF Betty Pat Graham v. Graham, 963 So. 2d 275 (Fla. 4th DCA 2007)…n, however, the order could be reviewable under Florida Rule of Appellate Procedure 9.130. Because the petition alleged that the trial court lacked jurisdiction, a petition for writ of prohibition may have been an appropriate remedy. Lee v. Campion, 823 So. 2d 159 (Fla. 4th DCA 2002). The claim that the court erred in refusing to permit the attorney to appear for Betty may have been reviewable via certiorari. Atl. Commercial Dev. Corp. v. Nortek, Inc., 403 So. 2d 624 (Fla. 5th DCA 1981) (granting a writ of ce…
Authorities Cited
- Walker v. Garrison, 610 So. 2d 716 (Fla. 4th DCA 1992)