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Holub v. Holub
54 So. 3d 585
| Fla. Dist. Ct. App. | 2011
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Background

  • Married in Austria (2002); their child born there (2002).
  • Moved to Louisiana in 2004; family traveled frequently internationally.
  • Appellee moved with child to Florida in 2005; action commenced 2006.
  • Final dissolution judgment entered January 2, 2008; final order on appeal issued February 4, 2010.
  • Holub contends trial court lacked UCCJEA jurisdiction over parenting/child support; record shows Florida residence for six months prior.
  • Trial court found Florida home state; final judgment affirmed on jurisdiction grounds.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether there is UCCJEA jurisdiction to rule on parenting. Holub argues lack of jurisdiction. Mother's Florida residence invoked jurisdiction; admissions support this. Jurisdiction proper; final judgment affirmed.
Effect of pleadings admissions on jurisdiction under UCCJEA. Holub bound by pleadings admissions. Admissions bind; no contradiction. Admissions support home-state finding and jurisdiction.

Key Cases Cited

  • Hindle v. Fuith, 33 So.3d 782 (Fla. 5th DCA 2010) ((child resided in several states; home state analysis under UCCJEA))
  • Arjona v. Torres, 941 So.2d 451 (Fla. 3d DCA 2006) (statutory interpretation de novo)
  • Kephart v. Hadi, 932 So.2d 1086 (Fla.2006) (statutory interpretation and UCCJEA standards)
  • In re D.N.H. W., 955 So.2d 1236 (Fla. 2d DCA 2007) (home-state jurisdiction under UCCJEA)
  • Strommen v. Strommen, 927 So.2d 176 (Fla. 2d DCA 2006) (subject matter and home-state considerations)
  • Dicus v. Dist. Bd. of Trustees for Valencia, 734 So.2d 563 (Fla. 5th DCA 1999) (pleadings admissions bind parties)
  • Dimino v. Farina, 572 So.2d 552 (Fla. 4th DCA 1990) (party estoppel from inconsistent trial positions)
  • Babcock v. Whatmore, 707 So.2d 702 (Fla.1998) (estoppel related to pleadings and positions)
  • Denmark v. Michael, 737 So.2d 595 (Fla. 1st DCA 1999) (home-state and multi-state residence considerations)
Read the full case

Case Details

Case Name: Holub v. Holub
Court Name: District Court of Appeal of Florida
Date Published: Feb 11, 2011
Citation: 54 So. 3d 585
Docket Number: 1D10-1345
Court Abbreviation: Fla. Dist. Ct. App.