A.D. v. M.D.M.

920 So. 2d 857, 2006 Fla. App. LEXIS 2279, 2006 WL 401316
CourtDistrict Court of Appeal of Florida
DecidedFebruary 22, 2006
DocketNo. 4D05-2935
StatusPublished
Cited by2 cases

This text of 920 So. 2d 857 (A.D. v. M.D.M.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.D. v. M.D.M., 920 So. 2d 857, 2006 Fla. App. LEXIS 2279, 2006 WL 401316 (Fla. Ct. App. 2006).

Opinion

WARNER, J.

Through a petition for writ of mandamus directed to the Clerk of Court, M.D.M., a person claiming to be the biological father of A.D., an adopted infant, sought to obtain the case number of the adoption court file so that he might file a motion for relief from judgment based upon fraud. The court granted the petition but also ordered relief not sought, including the release of the petition for adoption, the final judgment of adoption, and a copy of the consent filed by the [858]*858person alleging to be the child’s father. The court then consolidated the case with the adoption case, thus including the motion for relief from judgment in the adoption file. We affirm only insofar as the case number is released to the petitioner and the motion for relief from judgment is consolidated into the adoption case. We reverse the court order giving M.D.M. copies or access to any other pleadings in the case, because such records are protected from disclosure by section 63.162(2), Florida Statutes.

In his petition for writ of mandamus, M.D.M. claimed that he engaged in sexual intercourse with the mother, K.G., which resulted in the birth of a child. He asserted that the child was both conceived and born in Palm Beach County. He stated that he sent money to K.G. during the pregnancy. Unbeknownst to him, K.G. relinquished her rights to the child and executed a consent to adoption on the date of the child’s birth. She also fraudulently induced another man to sign a consent to adoption as the child’s biological father. She has since passed away.

When M.D.M. found out about the adoption, he made unsuccessful attempts to contact the adoption attorney. He then secured counsel and filed a motion for relief from the judgment terminating parental rights, serving the attorney he believed to have acted as intermediary in the adoption. However, the clerk of court would not accept the motion for filing because M.D.M. did not have a case number for the adoption proceeding. The clerk’s refusal to file the motion prompted the petition for writ of mandamus.

The clerk answered the petition, alleging that she could not locate the file without a case name or a number, and thus could not even verify that the case was filed in Palm Beach County. In addition, she maintained that petitioner had not shown that he had a clear legal right to confidential information. The petition was not served on the adoption attorney, who had been served with the unfiled motion for relief. The record is unclear whether a hearing was held, but the trial court granted the writ within twenty-five days of the filing of the petition. The court’s order determined that the petitioner had no alternative means of obtaining information required to protect his claim of fraud in the adoption process, other than to have access to at least a portion of the adoption file. The court therefore ordered that the clerk release the case number of the adoption file, which number was included in the order, along with the petition for adoption, the final judgment of adoption, and a copy of the consent filed by the person alleging to be the child’s father. It also consolidated the mandamus action with the adoption file and ordered all pleadings, including the motion for relief from judgment, to be part of the adoption file.

The adoption attorney somehow discovered the order regarding access to the adoption file. Through other counsel, both she and the adoptive parents moved to intervene and to stay the disclosure order. The court granted both motions and ordered the clerk not to disclose any records to petitioner. The adoptive parents then filed this appeal.

This case presents a Catch-22. M.D.M. claims that fraud was committed in the termination of his parental rights and seeks relief from judgment, allowed pursuant to section 63.142(4), Florida Statutes, which must be done within one year from judgment. However, he was prevented from filing a motion because he did not have the case number of the adoption file. The clerk and the adoptive parents assert that M.D.M. is precluded from learning any information regarding the file, including the case number, because [859]*859the file is confidential under section 63.162(2). Thus, the clerk will not accept his pleading for filing without a case number, but he cannot obtain the case number because the file is confidential.

The confidentiality of papers and records in termination and adoption proceedings is protected by statute. See § 63.089(8), Fla. Stat., as to termination proceedings, and § 63.162(2), Fla. Stat., as to adoption proceedings. Section 63.162(2) and (4) provide, in pertinent part:

(2) All papers and records pertaining to the adoption, including the original birth certificate, whether part of the permanent record of the court or a file in the office of an adoption entity are confidential and subject to inspection only upon order of the court; ... The order must specify which portion of the records are subject to inspection, and it may exclude the name and identifying information concerning the parent or adoptee.... In the case of an adoption not handled by the department or a child-placing agency licensed by the department, ■ the department must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption.
* * *
(4) A person may not disclose from the records the name and identity of a birth parent, an adoptive parent, or an adop-tee unless:
* * *
(d) Upon order of the court for good cause shown. In determining whether good cause exists, the court shall give primary consideration to the best interests of the adoptee, but must also give due consideration to the interests of the adoptive and birth parents. Factors to be considered in determining whether good cause exists include, but are not limited to:
' 1. The reason the information is sought;
2. The existence of means available to obtain the desired information without disclosing the identity of the birth parents, such as by having the court, a person appointed by the court, the department, or the licensed child-placing agency contact the birth parents and request specific information;
3. The desires, to the extent known, of the adoptee, the adoptive parents, and the birth parents;
4. The age, maturity, judgment, and expressed needs of the adoptee; and
5. The recommendation of the department, licensed child-placing agency, or professional which prepared the preliminary study and home investigation, or the department if no such study was prepared, concerning the advisability of disclosure.

(Emphasis supplied).

Florida Rule of Judicial Administration 2.075(a)(1) defines “court records” as follows:

the contents of the court file, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, video tapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and electronic records, videotapes or stenographic tapes of court proceedings.

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Related

Margaret Janik v. In re: The Adoption of M.D.J., etc.
District Court of Appeal of Florida, 2024
D.M. v. Elizabeth R. Berkowitz, PA
112 So. 3d 575 (District Court of Appeal of Florida, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
920 So. 2d 857, 2006 Fla. App. LEXIS 2279, 2006 WL 401316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ad-v-mdm-fladistctapp-2006.