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Leggett v. GVLP

Third District Court of Appeal State of Florida
Apr 24, 2019
No. 3D18-2040 (Fla. Dist. Ct. App. Apr. 24, 2019)

Opinion

No. 3D18-2040

04-24-2019

Pamela Christina Leggett, Appellant, v. In re: Adoption of GVLP & SELP, Appellee.

Pamela Leggett, in proper person. Alan I. Mishael, P.A., and Alan I. Mishael, for appellee.


Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 11-7889 An appeal from the Circuit Court for Miami-Dade County, Maria Espinosa Dennis, Judge. Pamela Leggett, in proper person. Alan I. Mishael, P.A., and Alan I. Mishael, for appellee. Before FERNANDEZ, LOGUE, and MILLER, JJ. PER CURIAM.

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.").


Summaries of

Leggett v. GVLP

Third District Court of Appeal State of Florida
Apr 24, 2019
No. 3D18-2040 (Fla. Dist. Ct. App. Apr. 24, 2019)
Case details for

Leggett v. GVLP

Case Details

Full title:Pamela Christina Leggett, Appellant, v. In re: Adoption of GVLP & SELP…

Court:Third District Court of Appeal State of Florida

Date published: Apr 24, 2019

Citations

No. 3D18-2040 (Fla. Dist. Ct. App. Apr. 24, 2019)