Legal Opinion · Dissent

Feil v. Pollock

District Court of Appeal of Florida

Decided August 31, 2012No. 1D11-5102Published

1DissentMakar, J.

Less than two weeks before her ninth birthday in March 2010, J.P. lost her mother. Immediately following her mom’s death, J.P. was cared for by her aunt and maternal grandmother, Appellants Nicole and Doreen Feil, respectively, who now appeal an order granting custody of J.P. to Appellee, Larry Pollock, the natural father. Because the trial court acted outside of its jurisdiction by granting relief beyond what the parties requested and relied on an incorrect statutory definition to determine the abandonment issue, I would vacate the order below and remand for findings under the correct…

2Cases cited4 opinions

  1. State Ex Rel. Sparks v. ReevesSupreme Court of Florida · 1957
  2. State v. GreenbergDistrict Court of Appeal of Florida · 1990
  3. Crouch v. RihaDistrict Court of Appeal of Florida · 1990
  4. State v. J.C.H.District Court of Appeal of Florida · 1996

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