D.N. AND V.R.N.
v.
A.E.E. AND A.M.E.
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A motion to vacate or set aside an adoption cannot be dismissed without an evidentiary hearing when it presents a colorable entitlement to relief.
[1] A motion to vacate or set aside an adoption that presents a colorable entitlement to relief cannot be dismissed without an evidentiary hearing.
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Join FLexlaw to unlock all legal intelligence“where a motion to vacate or set aside an adoption presents a colorable entitlement to relief, the motion cannot be dismissed without an evidentiary hearing”
Court citing Interest of K.P.L., 334 So. 3d 356, 359 (Fla. 2d DCA 2022)
Petitioners D.N. and V.R.N. filed a motion to vacate or set aside an adoption in the Circuit Court for Miami-Dade County. The trial court dismissed th…
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Third District Court of Appeal
State of Florida
Opinion filed June 24, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D26-0599
Lower Tribunal No. 24-16088-FC-04
D.N. and V.R.N.,
Petitioners,
VS.
A.Ε.Ε. and A.M.E.,
Respondents. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Marcia Del Rey, Judge. Susan Meisel Levin, P.A., and Susan Meisel Levin, for petitioners. Tate Healey Webster, and Erica T. Healey (Tampa), for respondents. Before SCALES, C.J., and LINDSEY, and GOODEN, JJ. PER CURIAM. We grant the petition for certiorari and quash the order under review. See Interest of K.P.L., 334 So. 3d 356, 359 (Fla. 2d DCA 2022) (where a motion to vacate or set aside an adoption presents a colorable entitlement to relief, the motion cannot be dismissed without an evidentiary hearing).
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