MICHELLE LONGARZO AND NICHOLAS ALEX DANALUK
v.
SANDY YOUNG
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A trial court may dismiss an adoption petition without prejudice when another state is properly exercising jurisdiction over the custody dispute, even though lack of subject matter jurisdiction is not the proper ground for such dismissal.
[1] When another state is properly exercising jurisdiction over a custody dispute under the Uniform Child Custody Jurisdiction Act or Parental Kidnapping Protection Act, dism…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The fact that Florida is not the child's home state for purposes of either the Uniform Child Custody Jurisdiction Act, §§ 61.1302–.1348, Fla. Stat. (1993), or the Parental Kidnapping Protection Act, 28 U.S.C. § 1738A (1988), may be a valid reason for the circuit court to stay [an adoption] proceeding, to dismiss it without prejudice, or to deny adoption. But this fact alone does not deprive the court of subject matter jurisdiction.”
Court's explanation of the proper legal framework for dismissals based on another state's jurisdiction
Appellants Longarzo and Danaluk filed an adoption petition in Florida state court. The trial court granted a motion to dismiss the petition with preju…
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PER CURIAM.
Appellants challenge a final order of dismissal entered after the trial court granted a motion to dismiss their adoption petition with prejudice. Although we disagree with the trial court’s conclusion that it lacked subject matter jurisdiction, we conclude that the trial court correctly dismissed the petition because California was properly exercising jurisdiction over this custody dispute. However, the dismissal on this ground should have been without prejudice. See R.A.B. v. Steinberg, 685 So. 2d 1305, 1305 (Fla. 2d DCA 1995) (“The fact that Florida is not the child’s home state for purposes of either the Uniform Child Custody Jurisdiction Act, §§ 61.1302–.1348, Fla. Stat. (1993), or the Parental Kidnapping Protection Act, 28 U.S.C. § 1738A (1988), may be a valid reason for the circuit court to stay [an adoption] proceeding, to dismiss it without prejudice, or to deny adoption. But this fact alone does not deprive the court of subject matter jurisdiction.”).
We need not address any other grounds for dismissal. Accordingly, we affirm the order dismissing the petition but remand for the entry of an amended order dismissing the case without prejudice.
Affirmed and remanded. GROSS, MAY and DAMOORGIAN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.