M.N., Jr. v. Department of Children and Families, 2015 WL 1545230 (Fla. 4th DCA)

Father appealed the order dismissing his second motion to set aside a judgment of adoption. Both of Father’s motions alleged that he was not provided proper notice. Father’s first appeal was dismissed as untimely. The trial court found his second motion to be barred by the doctrine of res judicata. The Fourth District Court of Appeal (Fourth DCA) found that res judicata was incorrectly applied because the trial court did not address the notice issue in its first denial. However, the Fourth DCA affirmed dismissal based on timeliness. Florida Statute s. 63.182(1) requires that an action to set aside an adoption may not be filed more than one year after the judgment terminating parental rights. Father’s second motion was filed past the one year deadline.

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