MONA KAMAL ABOUELSEOUD, APPELLANT,
v.
HESHAM ROSHDY ELBADRAWI, APPELLEE
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Mother appeals an interim order granting Father visitation rights to their minor child. The Third District Court of Appeal affirmed the trial court's order, finding that the trial court had proper jurisdiction over Mother and that Mother waived her objections by failing to appear at the hearing on Father's supplemental petition.
The trial court had proper jurisdiction over Mother based on valid service of process and her multiple appearances before the court. Mother waived all objections to the relief requested in the supplemental petition by failing to file a responsive pleading, attend the scheduled hearing, or otherwise contest the petition.
[1] An order granting visitation rights to a parent in a family law matter is an appealable non-final order.
[2] A trial court has jurisdiction over a party who appears multiple times before the court, both in person and through counsel.
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Join FLexlaw to unlock all legal intelligence“a return of service, which is regular on its face, is presumed valid unless clear and convincing evidence is presented to the contrary”
Establishes the standard for challenging jurisdiction based on service of process; Mother failed to meet this standard
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Join FLexlaw to unlock all legal intelligenceThe parties had a minor child together. Father filed a supplemental petition to establish parental responsibility, visitation, and a parenting plan/ti…
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Mona Kamal AbouElSeoud (“Mother”) appeals the trial court’s Interim Order Granting Former Husband’s Supplemental Petition to Establish Parental Responsibility, Visitation, and Parenting Plan/Time Sharing Schedule, etc. (“Interim Order”), which gave Hesham Roshdy ElBadrawi (“Father”) visitation rights to see the parties’ minor child. Because this order grants the Father visitation rights, we have jurisdiction. See Fla. R.App. P. 9.130(a)(3)(c)(iii) (granting appellate jurisdiction over non-final orders that determine “the right to immediate monetary relief or child custody in family law matters”); § 61.503(4), Fla. Stat. (2012) (defining a “child custody determination” as any order “providing for the legal custody, physical custody, residential care, or visitation with respect to a child”) (emphasis added); Hickey v. Burlinson, 33 So.3d 827, 829 (Fla. 5th DCA 2010).
The Mother raises several arguments in her brief, the majority of which relate to the trial court’s jurisdiction over the Mother, and all of which have no merit. The record reflects that the Mother appeared many times before the trial court, both in person and through counsel, and a return of service stating that the mother had been served in this action was filed with the trial court on September 8, 2009. Therefore, the trial court clearly had jurisdiction over the Mother at all times in the lower court proceedings. See Emmer v. Brucato, 813 So.2d 264, 266 (Fla. 5th DCA 2002) (holding that “a return of service, which is regular on its face, is presumed valid unless clear and convincing evidence is presented to the contrary”).
The Mother’s remaining arguments regarding the trial court’s rulings likewise are without merit. The record reflects that the Mother failed to appear at the hearing on the Father’s Supplemental Petition despite clear notice to the Mother that the hearing would resolve the Father’s Supplemental Petition, including child custody and visitation, as well as all pending motions. When the Mother failed to file a responsive pleading or to attend the scheduled hearing or to otherwise contest the Supplemental Petition, she waived her objections to the relief requested and *1080failed to preserve any objections she may have had.
Affirmed.
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Citator
Authorities Cited
- Emmer v. Brucato, 813 So. 2d 264 (Fla. 5th DCA 2002)
- Hickey v. Burlinson, 33 So. 3d 827 (Fla. 5th DCA 2010)