CopyCited 18 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 771, 1991 Fla. LEXIS 2126, 1991 WL 259752
...[10] Thus, in order to obtain any relief, i.e., to have the opportunity to assert their rights, if any, in the adoption proceedings, the grandparents must first vacate the final judgment of adoption. The grandparents are within the one-year period permitted by section 63.182, Florida Statutes (1987), to attack a final judgment....
...[4] The record does not indicate why one year intervened between the filing of the motion for clarification by the sister and the grandparents' appeal. [5] The final judgment of adoption was rendered on May 13, 1988. The grandparents filed the notice of appeal on May 12, 1989, and the motion to intervene on May 15, 1989. Section 63.182, Florida Statutes (1987), provides: After one (1) year from the entry of a judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment shall not be subject to direct or collateral attack because of any irregularity or procedural defect....
...ing an appeal has expired. The district court correctly found that any "direct" attack of the judgment must occur within thirty days in accordance with Florida Rule of Appellate Procedure 9.110(b). The district court was also correct in interpreting section 63.182 to allow an interested party to collaterally attack a final judgment within one year of its rendition....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1995 WL 627459
...The children in McClish were already emancipated at the time the action was brought, and the case involved a claim for reimbursement by the mother after she had released the father from such support during the children's minority. [3] We are aware that section 63.182, Florida Statutes (1993) provides that: [a]fter 1 year from the entry of a judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment shall not be subject to direct or collateral attack because of any irregularity or procedural defect....
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...I understand that, in signing this consent, I am permanently and forever giving up all my parental rights to and interest in this (these) child(ren). I voluntarily, permanently relinquish all my parental rights to this (these) child(ren). 3. I understand pursuant to section 63.182, Florida Statutes, that: "After one year of the entry of judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment of adoption shall not be subject to direct collateral attack because of any irregularity or procedural defect....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...later filed, in connection with this petition, a motion to allow her to visit the child. The adoptive mother Calderon filed a motion to dismiss the petition; the trial court heard and granted this motion on the basis that the petition was barred by Section 63.182, Florida Statutes (1981)....
...We conclude that the order under review must be reversed for two reasons. First, the trial court by statute lost any authority to vacate or modify the order of adoption, by granting visitation rights to the natural mother or otherwise, after one year had elapsed from the date the adoption became final. § 63.182, Fla....
...The order under review is reversed and the cause is remanded to the trial court with directions to vacate the order of child visitation entered herein. ON REHEARING The appellee, natural mother, has filed a motion for rehearing in which she attacks the constitutionality of Sections
63.172,
63.182, Florida Statutes (1981), as applied to the facts of this case....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
(these) children). 3. I understand pursuant to section
63.182, Florida Statutes, that: “After one year of
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...lems by the Florida Department of Health and Rehabilitative Services [HRS] as grounds for annulment of an adoption may be filed more than one year after entry of a final judgment of adoption. Appellants seek to overturn the trial court's ruling that section 63.182, Florida Statutes (1987), and Calderon v....
...[2] In re Adoption of *88 H.Y.T.,
458 So.2d 1127 (Fla. 1984); Ramey v. Thomas,
382 So.2d 78 (Fla. 5th DCA), review denied,
389 So.2d 1116 (Fla. 1980). For that reason, the state, in an effort to provide finality in adoption proceedings, provides a limitation period in section
63.182, Florida Statutes (1987), the provision that governs attacks on the validity of a judgment of adoption: After one (1) year from the entry of a judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and...
...They maintain that their action is not barred because HRS concealed crucial information concerning the extent of M.A.B.'s psychological problems, in contravention of section
63.082(3)(b), Florida Statutes (1987). [3] We must therefore decide whether fraud is an "irregularity" within the purview of section
63.182....
...13, § 918 (1981), has been deemed not to encompass fraud. See Husband (G.T.B.) v. Wife (G.R.), 424 A.2d 12 (Del. 1980). [4] Agreeing that fraud is not a mere irregularity, we hold that the motion to annul the adoption is not barred by the time limitations of section 63.182, Florida Statutes (1987)....
...child has become a functioning member of the family unit. Annulment in that instance would surely infringe upon the child's best interest. While I agree with the holding that the one-year statute of limitations for bringing an annulment action under section 63.182, Florida Statutes (1987), does not apply here to the fraudulent concealment of material medical facts, I believe that section is also persuasive evidence of the legislature's intention that after one year, it is generally not in the best interest of a child to remove him or her from the adoptive family unit....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 13470, 1999 WL 817916
...See Robinson *398 v. Cornelius,
377 So.2d 776, 778 (Fla. 4th DCA 1979). REVERSED. STONE, and STEVENSON, JJ., concur. NOTES [1] The motion for relief from judgment was filed more than one year after the adoption judgment became final. Neither party raises or discusses section
63.182, Florida Statutes, which states that: "After one (1) year from the entry of a judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment shall not be subject to direct or c...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 149748
...APPEAL FROM THE FINAL JUDGMENT The first issue to be addressed is the timeliness of the appeal from the final judgment itself. The final judgment of adoption was rendered May 13, 1988. The notice of appeal was filed May 12, 1989, one year later. Appellants point to section 63.182, Florida Statutes (1987) as authority for the filing of this appeal one year after the judgment was rendered....
CopyPublished | District Court of Appeal of Florida
barred by the statute of repose codified at section
63.182(1), Florida Statutes (2017), and thus not meet
CopyPublished | District Court of Appeal of Florida
became final. Neither party raises or discusses section
63.182, Florida Statutes, which states that: "After
CopyPublished | District Court of Appeal of Florida
of the judgment terminating parental rights.” §
63.182(1), Fla. Stat. (2015). Since J.G. did not file
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7374, 16 Fla. L. Weekly Fed. D 2034
any challenge to the judgment of adoption. See §
63.182, Fla.Stat. (1985). The natural mother apparently
CopyPublished | District Court of Appeal of Florida | 1990 WL 11792
seek to overturn the trial court’s ruling that section
63.182, Florida Statutes (1987), and Calderon v. Torres
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 5107, 2015 WL 1545230
...Bailey,
603 So. 2d 1384, 1387
(Fla. 1st DCA 1992) (recognizing that the doctrine of res judicata is not
invoked if an issue was not “actually litigated and decided”). However,
without addressing the merits of the Father’s argument, we affirm.
Section
63.182(1), Florida Statutes (2013), a statute of repose,1
provides that “an action or proceeding of any kind to vacate, set aside, or
otherwise nullify a judgment of adoption ....
CopyPublished | Florida 3rd District Court of Appeal
PER CURIAM. Affirmed. See §
63.182(1), Fla. Stat. (2018) ("[A]n action or proceeding of any kind to
CopyPublished | Florida 3rd District Court of Appeal
PER CURIAM. Affirmed. See §
63.182(1), Fla. Stat. (2018) ("[A]n action or proceeding of any kind to
