Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sanchez v. Sanchez

Florida Court of Appeals, Third District

November 13, 2019

Magda SANCHEZ, k/n/a Magda Rodriguez, Appellant,
v.
Neymee SANCHEZ, Appellee.

Page 970

[Copyrighted Material Omitted]

Page 971

          An Appeal from the Circuit Court for Miami-Dade County, George A. Sarduy, Judge. Lower Tribunal Nos. 15-12276 & 15-24777

          Marro Law, P.A., and Meaghan K. Marro (Plantation), for appellant.

         Nancy A. Hass, P.A., and Nancy A. Hass (Fort Lauderdale), for appellee.

         Before FERNANDEZ, SCALES and LOBREE, JJ.

         OPINION

         SCALES, J.

         Appellant Magda Sanchez, known now as Magda Rodriguez, appeals an August 16, 2018 trial court order that denied her Florida Rule of Civil Procedure 1.540(b)(4) motion[1] filed on June 10, 2018. Appellant’s rule 1.540(b)(4) motion asserted that the trial court lost subject matter jurisdiction of the case upon the entry of a June 18, 2015 final order of dissolution of marriage and a February 18, 2016 final order of adoption, and therefore, that all the orders regarding the divorced parties’ adopted children entered by the trial court after entry of those judgments were void. Appellant asserts that the trial court erred by denying, as untimely, her motion to vacate these allegedly void orders. While we disagree with the trial court’s characterization of the species of jurisdiction it both lost and retained, for the reasons stated herein, we nevertheless affirm the trial court’s order denying appellant’s rule 1.540(b)(4) motion.

          I. Relevant Background

          Appellant and appellee Neymee Sanchez were married in December 2014, but, shortly thereafter, their marriage ended, and a final dissolution judgment was entered by the lower court on June 18, 2015 (lower court case number FC15-012276). Despite the dissolution of their marriage, the couple, pursuant to chapter 63 of the Florida Statutes, pursued the process of adopting two minor children (lower court case number FC15-24777). The June 2015 divorce decree did not reserve jurisdiction to adjudicate any matters regarding children.

         On February 18, 2016, approximately eight months after the divorce decree was entered, the lower court entered the final judgment of adoption. This final judgment of adoption did not retain jurisdiction as to matters related to the parties and/or their newly adopted children. Despite the final adoption order not retaining jurisdiction for timesharing, contemporaneously with entry of the February 2016 final adoption judgment, the family court entered several orders referring the parties to mediation and to Family Court Services.[2]

Page 972

          The parties abided by the terms of these post-adoption judgment orders and actively participated in the Family Court Services program. Indeed, on June 22, 2016, Family Court Services filed a status report reflecting that the parties, as ordered by the trial court, had apparently resolved some timesharing issues. And, on July 12, 2016, during a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.