PAMELA CHRISTINA LEGGETT, APPELLANT,
v.
IN RE: ADOPTION OF GVLP & SELP, APPELLEE.
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Affirmed: A motion to vacate an adoption order filed more than one year after entry is barred by Florida's statute of repose, which permits no exceptions.
An action to vacate, set aside, or nullify an adoption judgment or underlying parental rights termination must be filed within one year of entry, with no exceptions.
[1] Florida's statute of repose in § 63.182(1) bars all actions to vacate adoption judgments or parental rights terminations filed more than one year after entry, with no exc…
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Join FLexlaw to unlock all legal intelligence“[A]n action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption or an underlying judgment terminating parental rights on any ground may not be filed more than [one] year after entry of the judgment”
Statutory language from Fla. Stat. § 63.182(1) establishing the one-year bar.
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Join FLexlaw to unlock all legal intelligencePamela Christina Leggett appealed a decision regarding an adoption of two minors (GVLP and SELP), apparently seeking to vacate or modify the adoption …
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Affirmed. See § 63.182(1), Fla. Stat. (2018) ("[A]n action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption or an underlying judgment terminating parental rights on any ground may not be filed more than [one] year after entry of the judgment ..."); Martin v. Adoption of L.M.D., 64 So.3d 758, 758 (Fla. 3d DCA 2011) ("Florida's statute of repose strictly limits motions to vacate adoption orders to one year. There are no exceptions."); see also D.M.T. v. T.M.H., 129 So.3d 320, 328-29 (Fla. 2013) ("Parental rights, which include the love and affection an individual has for his or her child, transcend the relationship between two consenting adults, and we see nothing in this record that makes either [woman] an exception that places those rights in one to the exclusion of the other. It is unknown what caused these two women to cross the proverbial line between love and hate, but that is a matter between [them]. Their separation does not dissolve the parental rights of either woman to the child, nor does it dissolve the love and affection either has for the child.") (quoting T.M.H. v. D.M.T., 79 So.3d 787, 802-03 (Fla. 5th DCA 2011) ); In re Adoption of D.P.P, 158 So.3d 633, 639 (Fla. 5th DCA 2014) ("[I]t would be unconscionable to allow [the mother] to invoke the jurisdiction of this court for the sole purpose of creating a parent-child relationship between [her child] and [her partner] and then to allow her to destroy that same relationship because her relationship with [her partner] has ended.").
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013)
- In re the Adoption OF D.P.P. v. C.P., 158 So. 3d 633 (Fla. 5th DCA 2014)
- T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011)
- Martin v. In re the Adoption OF L.M.D., 64 So. 3d 758 (Fla. 3d DCA 2011)