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