Legal Opinion

Durham v. Butler

District Court of Appeal of Florida

Decided May 30, 2012No. 3D11-2641PublishedCited by 4 opinions

1Per curiam

Rebekah Durham (the mother) appeals from a Florida circuit court order denying her motion to dismiss Robert Butler’s (the father) complaint for paternity. She asserts that because there is a pending appeal in a Missouri court which had original jurisdiction over this matter, the Florida court erred.in concluding it had jurisdiction. By previous order of this Court we treat this appeal as a petition for writ of prohibition. We find that, pursuant to section 61.519(1), Florida Statutes (2011), the trial court currently lacks jurisdiction, and we grant the petition.

Background

The parties are the…

2Cases cited5 opinions

  1. Mandico v. Taos Const., Inc.Supreme Court of Florida · 1992
  2. Custody of a MinorMassachusetts Supreme Judicial Court · 1984
  3. In Re Custody of RectorColorado Court of Appeals · 1977
  4. Hamill v. BowerDistrict Court of Appeal of Florida · 1986
  5. London v. LondonDistrict Court of Appeal of Florida · 2009

3Cited by4 opinions

  1. Fonseca v. Taverna Imports, Inc.District Court of Appeal of Florida · 2016
  2. Rick Scott, in his official capacity etc. v. Gail FrancatiDistrict Court of Appeal of Florida · 2017
  3. Andria Pardes, Etc. v. Jill Pardes, Etc.District Court of Appeal of Florida · 2025
  4. JERMAINE CLARINGTON v. StateDistrict Court of Appeal of Florida · 2020

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