(Download) "J.L.K. v. State" by State of Florida In the District Court of Appeal First District # eBook PDF Kindle ePub Free
eBook details
- Title: J.L.K. v. State
- Author : State of Florida In the District Court of Appeal First District
- Release Date : January 29, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Paul Strommen, the Former Husband, appeals an order granting relief from judgment under Florida Rule of Civil Procedure 1.540. The order effectively set aside five years of postjudgment rulings regarding custody and child support in his dissolution of marriage case based on a finding that the circuit court lacked subject matter jurisdiction over the proceedings solely because the Former Husband did not file a Uniform Child Custody Jurisdiction Act (UCCJA) affidavit as required by section 61.132, Florida Statutes (2000), when he sought a modification of the final judgment. Because Janet Strommen, the Former Wife, failed to even allege that the factual bases supporting subject matter jurisdiction were absent when the Former Husband sought modification, we conclude that she failed to establish a basis for a collateral attack of this judgment and, therefore, reverse. We discuss and distinguish Ruble v. Ruble, 884 So. 2d 150 (Fla. 2d DCA 2004); Kochinsky v. Moore, 698 So. 2d 397 (Fla. 4th DCA 1997); Walt v. Walt, 574 So. 2d 205 (Fla. 1st DCA 1991); Perez v. Perez, 519 So. 2d 1104 (Fla. 3d DCA 1988); and Mouzon v. Mouzon, 458 So. 2d 381 (Fla. 5th DCA 1984).