Posted by Nydia Streets of Streets Law in Florida Child Custody

When a court dismisses a case, the court typically loses jurisdiction to make any further decisions in the case unless a party files an appropriate motion to invoke the court’s jurisdiction again. The motion may be subject to time limits, so if it is filed past a certain date, it may not be granted. This was an issue in the case Graham v. Graham, 5D21-1492 (Fla. 5th DCA February 4, 2022).

In this case involving temporary custody by an extended relative, the grandfather was awarded temporary custody and soon thereafter relocated. When no record activity had occurred in the case for more than five years, the court entered an order requiring the parties to appear and explain why the case should not be dismissed. When no one appeared, the court entered an order dismissing the case. Almost one year later, the mother of the child filed a petition to terminate the temporary custody and to cancel child support. The grandfather moved to dismiss the petition, arguing there was no jurisdiction for the court to grant it because it lost jurisdiction over the case once the matter was dismissed. The trial court disagreed and held it retained jurisdiction over the matter. The grandfather appealed.

The appellate court agreed with the grandfather and held there was no jurisdiction: “In this case, the trial court rendered the order dismissing the case on March 2, 2020. As an order that dismissed the entire case, that order constituted a final judgment or decree in the case. [internal citation omitted]. Once that order was entered, either party was entitled to file a motion for rehearing pursuant to rule 12.540(b) within a reasonable time or not more than one year after the judgment or pursuant to 12.530(b) within fifteen days of the filing of the judgment. Because no such motion was filed in this case, the trial court lost jurisdiction and could no longer revisit its final order. Accordingly, as we find that the orders on appeal in these cases were entered without jurisdiction, we reverse with instructions to vacate the orders and reinstate the March 2, 2020 final order of dismissal.”

Knowing how the law may apply to your case before you proceed is important. Schedule a consultation with a Miami child custody lawyer to discuss.