M.A.M. v. Viscount

District Court of Appeal of Florida

M.A.M. v. Viscount

848 So. 2d 1258, 2003 Fla. App. LEXIS 10208, 2003 WL 21536979

CourtDistrict Court of Appeal of Florida

DecidedJuly 9, 2003

DocketNo. 4D02-4902

StatusPublished

Cited by2 cases

This text of 848 So. 2d 1258 (M.A.M. v. Viscount) 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.

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M.A.M. v. Viscount, 848 So. 2d 1258, 2003 Fla. App. LEXIS 10208, 2003 WL 21536979 (Fla. Ct. App. 2003).

Pincite

Opinion

KLEIN, J.

Appellant, the natural father, appeals an order denying his motion to withdraw his consent to allow the adoption of his child. We affirm.

The child was born in 1994 and the parents divorced two years later. After several years in which there had been no contact between the father and the child, the mother remarried and, a year or so later, appellant signed a consent agreeing to adoption of the child by the stepfather.

Over a year later, in the adoption proceeding, appellant filed a motion to with[1259]*1259draw his consent. In the meantime, the mother had died. After an evidentiary hearing the trial court denied appellant’s motion to withdraw his consent and he appeals.

The stepfather argues that this order is not appealable; however, we disagree. Although the adoption proceedings are not final, this order is final as to the natural father because it totally disposes of the case as to him. Fla. R.App. P. 9.110(10.

As to the merits, we agree with the trial court’s conclusion that appellant failed to prove that his consent was obtained by fraud or duress. Affirmed.

FARMER, C.J., and SHAHOOD, J., concur.

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