Graham v. Graham

• Decision Date: 04 February 2022
• Docket Number: 5D21-1774,5D21-1492
• Parties: ARNOLG GENE GRAHAM, Appellant, v. ALEXANDRA JEAN GRAHAM AND JOSHUA DENNY, Appellees. ARNOLG GENE GRAHAM, Appellant, v. ALEXANDRA JEAN GRAHAM, Appellee.
• Court: Court of Appeal of Florida (US)

ARNOLG GENE GRAHAM, Appellant, v. ALEXANDRA JEAN GRAHAM AND JOSHUA DENNY, Appellees.

ARNOLG GENE GRAHAM, Appellant, v. ALEXANDRA JEAN GRAHAM, Appellee.

Nos. 5D21-1492, 5D21-1774

Florida Court of Appeals, Fifth District

February 4, 2022

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Nonfinal Appeal from the Circuit Court for Orange County, LT Case No. 2014-DR-0004562-O Diana M. Tennis, Judge.

Scott E. Siverson, of Siverson Law Firm PLLC, Winter Garden, for Appellant.

Deborah A. Cook, of Deborah A. Cook, PA, Orlando, and Melanie M. Demps, of McMichen, Cinami & Demps, PLLC, Orlando, for Appellee.

HARRIS, J.

In these related appeals, Arnolg Graham, the maternal grandfather of C.D.D., appeals the trial court's Preliminary Order on Motion to Dismiss and subsequent Order on Motion to Dismiss, arguing that the court lacked jurisdiction to enter those orders. We agree and vacate the lower court's orders.

In 2014, Graham was awarded temporary custody of C.D.D. and soon thereafter relocated to Monroe County. More than five years later, with no record activity occurring in the case, the court entered a Notice of Lack of Prosecution/Court's Motion to Dismiss and set the matter for hearing. When neither party appeared at the hearing, the court entered its order dismissing the case in March, 2020.

In February 2021, Alexandra Graham, C.D.D.'s mother, filed a petition seeking to terminate the temporary custody order as well as her child support obligation and accrued arrearage. Graham moved to dismiss Alexandra's action, arguing that once the case was dismissed in March 2020, the court lost jurisdiction over the minor child and that Alexandra should have obtained leave of court prior to filing her petition. The court disagreed, finding that leave of court was not required and that it retained jurisdiction over the minor child.

In this appeal, Graham argues that the trial court lost jurisdiction over its temporary custody order when it dismissed the case in its entirety and that because Alexandra did not obtain leave of court to file her petitions, the lower court's orders in this case are void. Graham is correct.

"[W]hen a final judgment or a final order dismissing a case is entered, the court loses its 'jurisdiction' over that particular case." Trerice v. Trerice, 250 So.3d 695, 698 (Fla. 4th DCA 2018). "Once the trial court loses jurisdiction over a case, it may act again in the case only if a motion properly invoking its jurisdiction is timely filed." Porter v. Chronister, 295 So.3d 310 312 (Fla. 2d DCA 2020) ("[T]rial courts have no authority to alter, modify, or vacate a...