M.L.M., In Interest of, 88-804
| Decision Date | 01 July 1988 |
| Docket Number | No. 88-804,88-804 |
| Citation | 13 Fla. L. Weekly 1546,528 So.2d 54 |
| Parties | 13 Fla. L. Weekly 1546 In the Interest of M.L.M., a child. |
| Court | Florida District Court of Appeals |
Dixie D. Powell of Powell, Powell and Powell, Crestview, for appellants.
Walter A. Steigleman of Dewrell & Brannon, Fort Walton Beach, for appellees.
The adoptive parents, who were also the maternal grandparents, appeal a non-final order granting the paternal grandparents the right to intervene in an adoption proceeding and disclosing the names of the adoptive parents.
Appellants present four points. First, they argue that the trial court erred in proceeding to a hearing over objection, and in denying appellants' request for a continuance. This argument is twofold:
1. The trial court lacked in-personam jurisdiction because service of process was defective and appellants were not allowed sufficient time to file proper motions directed at the deficiencies; and
2. Appellants were not afforded sufficient notice to adequately prepare a defense or to file responsive pleadings or motions.
Second, appellants argue that the trial court erred by ordering the disclosure of information in a closed adoption proceeding in open court before the finding of good cause could be appealed. Next, appellants assert that the trial court erred by granting the paternal grandparents the right to intervene in a closed adoption proceeding. And finally, appellants argue that the trial court erred in finding that good cause existed to disclose information in a closed adoption proceeding, and basing that finding of good cause on whether the paternal grandparents could enforce visitation rights awarded to them prior to adoption proceedings. We affirm on all points.
This is the second time this controversy has been before this court. See Dixon v. Melton, 515 So.2d 1309 (Fla. 1st DCA 1987).
The natural mother and father of the child, M.L.M., were divorced in Leon County in 1985. The paternal grandparents were awarded visitation rights in the final judgment of dissolution. Thereafter, the father was killed in an automobile crash. After the father's death, the paternal grandparents intervened in the dissolution case and sought enforcement of their visitation rights. While those efforts were pending, a final judgment of adoption was granted to the appellants in Okaloosa County. The paternal grandparents have alleged that such adoption was a sham and designed solely to keep them from visiting their grandchild.
The paternal grandparents assert that during the two years in which they have sought the court's help in enforcing their visitation rights, they have had visitation with the child only on one brief occasion. They further assert that the natural mother has employed delaying tactics. The paternal grandparents filed a motion for contempt in Leon County to enforce their visitation rights. The circuit court issued two orders, one which sanctioned the natural mother by sentencing her to 30 days in Leon County jail and the other order directed to the clerk of Okaloosa County Circuit Court to produce the file for inspection and copying. The natural mother filed a notice of appeal, a motion to stay and a petition for prohibition. This court, in Dixon v. Melton, held that jurisdiction should be with the court that entered the adoption order, and as such reversed both the order granting disclosure and the order of contempt. The paternal grandparents then filed, in the Okaloosa County Circuit Court, a petition for leave to intervene and for an order authorizing the disclosure of records relating to adoption on January 29, 1988. After a hearing, the trial court entered an order granting the paternal grandparents the right to intervene and granting the disclosure of the names of the adoptive parents. Counsel for appellants filed a written objection to the format of that order and the trial court entered an amended order from which this appeal was taken.
The petition to intervene and for disclosure was filed on January 29, 1988, and a copy was certified to Marva Davis, the attorney of record for the natural mother.
Counsel for appellants was contacted on February 5, 1988, and retained by the appellants to represent them in the proceedings. Counsel for appellants objected to the hearing on the grounds that he had not had adequate time to prepare or file any responsive pleadings or motions. The trial court denied counsel's motion for continuance.
After the hearing, the trial court found that good cause existed and ordered the clerk, over objection of counsel, to disclose the names of the adoptive parents in open court. Counsel for appellants strenuously objected and requested the trial court to stay the disclosure until the issue could be determined on appeal. The trial court refused this request and permitted the disclosure.
The trial court granted the paternal grandparents intervenor status in the adoption case for the purpose of establishing visitation rights granted by the Leon County Circuit Court prior to the adoption.
We affirm the trial court's order which granted intervention to appellees and which revealed the names of the adoptive parents.
In the earlier opinion regarding jurisdiction of this case, this court specifically found that the Okaloosa County Circuit Court had continuing jurisdiction over the adoption proceeding in this cause, whereas the Leon County Circuit Court did not have jurisdiction. 515 So.2d at 1311.
Appellants argue correctly that they had less than the statutory 20 days in which to respond to the Petition to Intervene, once appellants' attorney received the notice of the hearing. However, we are not persuaded that appellants were prejudiced by this lack of preparation time, or by the court's denial of their request for continuance. As appellees contend, the court granted a second hearing in response to appellants' motion for rehearing, and the court gave the appellants a full opportunity to again present all of their arguments. Further, we agree with appellees that this court's opinion, which directed the paternal grandparents to seek relief in the Okaloosa County Circuit Court, was issued three months prior to the hearing in this case, and...
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