63.182
Statute of repose.
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63.182 Statute of repose.—
(1) Notwithstanding s. 95.031 or s. 95.11 or any other statute, an action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption or an underlying judgment terminating parental rights on any ground may not be filed more than 1 year after entry of the judgment terminating parental rights.
(2)(a) Except for the specific persons expressly entitled to be given notice of an adoption in accordance with this chapter, the interest that entitles a person to notice of an adoption must be direct, financial, and immediate, and the person must show that he or she will gain or lose by the direct legal operation and effect of the judgment. A showing of an indirect, inconsequential, or contingent interest is wholly inadequate, and a person with this indirect interest lacks standing to set aside a judgment of adoption.
(b) This subsection is remedial and shall apply to all adoptions, including those in which a judgment of adoption has already been entered.
History.—s. 18, ch. 73-159; s. 6, ch. 2000-188; s. 32, ch. 2003-58; s. 32, ch. 2003-154; s. 4, ch. 2006-265.
Notes of Decisions
Cited in 24
cases (1 in the last 5 years), 1984–2023 · leading case: In Re Adoption of a Minor Child
In Re Adoption of a Minor Child (1991)
“The grandparents are within the one-year period permitted by section 63.182, Florida Statutes (1987), to attack a final judgment.”
Dennis v. Kline (2013)
“10 Section 63.182(2)(a), Florida Statutes (2011), sets the notice requirements for persons other than those “expressly entitled to be given notice of an adoption” under Chapter 63, stating: [ T]he interest that entitles a person to notice of an adoption must be direct,…”
Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (2000)
“I understand pursuant to section 63.182, Florida Statutes, that: “After one year of the entry of judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment of adoption shall not be subject to direct collateral attack…”
Calderon v. Torres (1984)
“We conclude that the order under review must be reversed for two reasons.”
Peregood v. Cosmides (1995)
“[3] We are aware that section 63.182, Florida Statutes (1993) provides that: [a]fter 1 year from the entry of a judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment shall not be subject to direct or collateral…”
Goodman v. Goodman (2013)
“The guardian and Carroll first argue that the trial court abused its discretion when it refused to set aside the Final Judgment of Adoption because they were entitled to notice of the adoption proceeding, pursuant to section 63.182, Florida Statutes (2011). Section 63.”
M.L.B. v. Department of Health & Rehabilitative Services (1990)
“Appellants seek to overturn the trial court’s ruling that section 63.182, Florida Statutes (1987), and Calderon v.”
Amendments to the Florida Family Law Rules (1998)
“I understand pursuant to section 63.182, Florida Statutes, that: "After one year of the entry of judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment of adoption shall not be subject to direct collateral attack…”
Martin v. Adoption of L.M.D. (2011)
“§ 63.182, Fla. Stat. (2009). The statute provides that “an action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption or an underlying judgment terminating parental rights on any ground may not be filed more than 1 year after entry of the…”
In Re Adoption of a Minor Child (1990)
“Appellants point to section 63.182, Florida Statutes (1987) as authority for the filing of this appeal one year after the judgment was rendered.”
M.N., Jr. the Father v. Department of Children And Families and Guardian Ad Litem Program (2015)
“Section 63.182(1), Florida Statutes (2013), a statute of repose, 1 provides that “an action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption .”
M.C. v. A.H. (1999)
“Neither party raises or discusses section 63.182, Florida Statutes, which states that: "After one (1) year from the entry of a judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment shall not be subject to direct…”
— 63.182(1) — 6 cases
M.N., Jr. the Father v. Department of Children And Families and Guardian Ad Litem Program (2015)
“Section 63.182(1), Florida Statutes (2013), a statute of repose, 1 provides that “an action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption .”
Leggett v. Adoption GVLP (2019)
Leggett v. Adoption GVLP (2019)
— 63.182(2)(a) — 4 cases
Dennis v. Kline (2013)
“10 Section 63.182(2)(a), Florida Statutes (2011), sets the notice requirements for persons other than those “expressly entitled to be given notice of an adoption” under Chapter 63, stating: [ T]he interest that entitles a person to notice of an adoption must be direct,…”
Goodman v. Goodman (2013)
“The guardian and Carroll first argue that the trial court abused its discretion when it refused to set aside the Final Judgment of Adoption because they were entitled to notice of the adoption proceeding, pursuant to section 63.182, Florida Statutes (2011). Section 63.”
Edwards v. Maxwell (2017)
Makaros v. Cichocki (2015)
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