Opinion

Kilcrease v. Brown

Court
District Court of Appeal of Florida
Filed
Mar 6, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 15.5%

The opinion

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2022-3620

_____________________________

HANNA KILCREASE,

Appellant,

v.

BLAKE RYAN BROWN,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

Tiffany M. Baker-Carper, Judge.

March 6, 2024

TANENBAUM, J.

The parties engaged in paternity litigation in Oklahoma. That

litigation produced, among other things, out-of-state court orders

on time-sharing and child support. The Oklahoma court also gave

the mother (the appellant in this action) permission to relocate

with the child to Florida. In her verified petition to register these

orders with the circuit court in Leon County, the mother

acknowledged that the Oklahoma court that rendered those orders

has “continuing jurisdiction.” Still, she sought the Florida circuit

court’s enforcement of the father’s child-support obligation under

the Oklahoma court’s order. The father responded with his own

motion for enforcement—of the timesharing plan put in place by

the same Oklahoma court.

There was much back-and-forth in the Florida circuit court

over whether the timesharing plan was temporary or permanent,

which, according to the parties, would affect what facts needed to

be proved to support modification of the plan. Meanwhile, the

Oklahoma court was still issuing one or more orders of its own

regarding the timesharing plan. The Florida circuit court

ultimately granted the mother’s motion to enforce the child-

support order and denied the father’s motion for enforcement

regarding the timesharing. She appeals; he does not.

Even though the mother obtained all the relief that she sought

in her motion, she expresses concern in her brief over one

paragraph in the order granting that motion: “The Court

Minutes/Notes filed in the District Court of Payne County, State

of Oklahoma . . . is found to be a temporary order, subject to

modification without [the] need for proving a substantial, material,

and unanticipated change.” This legal determination had no

relation to the relief granted to the mother, and she should rest

assured that the statement is a legal nullity.

This is so because there is no indication in the record that the

Florida circuit court comported with the requirements of section

61.519, Florida Statutes, for conducting “simultaneous

proceedings” on child-custody determinations—which includes

resolution of timesharing issues. Except in emergencies, that

statute prohibits a court of this state from exercising jurisdiction

in a proceeding to modify a child-custody order “if, at the time of

the commencement of the proceeding, a proceeding concerning the

custody of the child had been commenced in a court of another

state having jurisdiction substantially in conformity with this

part.” § 61.519(1), Fla. Stat. There are two exceptions to this

prohibition: when “the proceeding has been terminated” and when

the proceeding “is stayed by the court of the other state because a

court of this state is a more convenient forum under s. 61.520.” Id.;

cf. § 61.516, Fla. Stat. (prohibiting modification of “a child custody

determination made by a court of another state” except under some

limited circumstances, including when the “court of the other state

determines it no longer has exclusive, continuing jurisdiction

under s. 61.515 or that a court of this state would be a more

convenient forum under s. 61.520”). Neither exception appears to

apply in the proceeding in the circuit court below.

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Moreover, again except for in emergencies, the statute

requires

a court of this state, before hearing a child custody

proceeding, [to] examine the court documents and other

information supplied by the parties pursuant to s. 61.522.

If the court determines that a child custody proceeding

was previously commenced in a court in another state

having jurisdiction substantially in accordance with this

part, the court of this state shall stay its proceeding and

communicate with the court of the other state. If the court

of the state having jurisdiction substantially in

accordance with this part does not determine that the

court of this state is a more appropriate forum, the court

of this state shall dismiss the proceeding.

§ 61.519(2), Fla. Stat. A record must be made of the communication

between the two courts under this provision. See § 61.511(4), Fla.

Stat. Despite the mother’s disclosure in the verified information

she provided under section 61.522, Florida Statutes, that the

Oklahoma court had “continuing jurisdiction” regarding the child’s

custody, there is no record of communication between the two

courts and no record that the Oklahoma court determined the

Florida circuit court was the “more appropriate forum” for the

timesharing dispute.

Regardless of whether the paragraph of concern in the circuit

court’s order was simply irrelevant or, worse, unauthorized as a

modification of the Oklahoma court’s timesharing plan, it has no

legal effect to the detriment of the mother. Because the mother was

awarded complete relief on her motion to enforce, and the father’s

motion was denied in its entirety, there is no relief for her to claim

in this appeal, which then must be dismissed. The supreme court

explained it this way:

When a litigant succeeds in obtaining all [s]he asks in the

trial court having jurisdiction of the cause, [s]he no longer

has a grievance to be corrected by an appeal to a

reviewing court, whose chief duties are to correct abuses

in the trial court, whereby the rights of a litigant were

prejudiced and [s]he was thereby deprived of h[er] just

dues under the law. When [s]he has no such grievance,

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[s]he is not entitled by appeal to have the appellate court

approve the judgment in h[er] favor.

Credit Indus. Co. v. Remark Chem. Co., 67 So. 2d 540, 541 (Fla.

1953); see also Witt v. Baars, 18 So. 330, 330 (Fla. 1895) (dismissing

appeal where “no relief whatever having been granted against her,

or any liability adjudged against her or her estate”); Peterson v.

State ex rel. Harvey, 28 So. 2d 868, 870 (Fla. 1947) (“It appears to

be well settled, however, that a party to a cause may not appeal

from a judgment which [s]he has sought and caused to be entered,

unless the judgment has been so entered that the appellant has

sustained some injury by it or is one not authorized by law and can

in no way be enforced by legal process.”).

DISMISSED.

BILBREY and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or

9.331.

_____________________________

Ashley D. Hall, Fournier Law, PLLC, Tallahassee, for Appellant.

Eric D. Schab, Max Factor Law, P.A., Tallahassee, for Appellee.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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