LONGARZO v. YOUNG (2021)

District Court of Appeal of Florida, Fourth District.2021-10-20No. No. 4D21-1151

Summary · law.co

Holding. The appellate court affirmed the trial court's order dismissing the adoption petition but remanded the case for entry of an amended order that dismisses without prejudice rather than with prejudice.

The appellants sought to adopt a child but the trial court dismissed their adoption petition with prejudice after granting a motion to dismiss. The appellants challenged this dismissal on appeal. The appellate court found that while the trial court wrongly believed it lacked subject matter jurisdiction over the case, the dismissal itself was appropriate because California had proper jurisdiction over the custody dispute at issue. However, the court determined that dismissing the petition with prejudice was incorrect; the dismissal should have been without prejudice, meaning the appellants could potentially refile their petition.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether a trial court has subject matter jurisdiction in an adoption proceeding when another state has jurisdiction over a custody dispute
Whether dismissal should be with or without prejudice when another state properly exercises jurisdiction over custody matters

Procedural posture

Appellants appealed from a final order of dismissal with prejudice granted by the trial court on a motion to dismiss the adoption petition.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

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 courts 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 childs 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.

Per Curiam.

Gross, May and Damoorgian, JJ., concur.