Markus Niemeyer v. Sinem Suder Niemeyer

CourtDistrict Court of Appeal of Florida
DecidedApril 23, 2025
Docket3D2024-1692
StatusPublished

This text of Markus Niemeyer v. Sinem Suder Niemeyer (Markus Niemeyer v. Sinem Suder Niemeyer) 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
Markus Niemeyer v. Sinem Suder Niemeyer, (Fla. Ct. App. 2025).

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 23, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1692 Lower Tribunal No. 23-5528-FC-04 ________________

Markus Niemeyer, Appellant,

vs.

Sinem Suder Niemeyer, Appellee.

An Appeal from a nonfinal order from the Circuit Court for Miami-Dade County, Stacy D. Glick, Judge

Lawrence S. Katz, P.A., and Lawrence S. Katz, for appellant.

Rebecca Parsons Schram, for appellee.

Before LOGUE, C.J., and EMAS, and MILLER, JJ.

MILLER, J. This is an appeal from the denial of an antisuit injunction in a child

custody dispute. Appellant, the husband, challenges a nonfinal order

denying his emergency motion to enjoin appellee, the wife, from litigating her

dissolution case in the Republic of Turkey while a later-filed parallel action

remains pending in Florida. The basic premise of his contended relief is that

Florida, as the home state under the Uniform Child Custody Jurisdiction and

Enforcement Act (“UCCJEA”), has jurisdictional priority over the parties’ child

in common and the equities militate in his favor because the wife filed the

Turkish action eight days after she abducted the child from Miami. See

§§ 61.501–.542, Fla. Stat. (2023). We affirm, without prejudice.

BACKGROUND

In 2016, the parties wed in Miami, Florida. Their only child, T.N., was

born the following year. The husband has alleged in his pleadings and

motions that, upon reaching school age, the child attended a local Miami-

Dade County public school. On March 9, 2023, the wife abducted the child

from Miami and returned to her native country of Turkey with the child. Eight

days later, the wife filed a dissolution action in Turkey.

On March 20, 2023, before the husband was served with process, the

Turkish family court issued an interim order granting the wife custody and

2 restraining the child from leaving Turkey. In doing so, the court found that

Turkey was the child’s habitual residence.

On March 23, 2023, the husband, evidently unaware of the pending

Turkish case, filed a dissolution action in the Miami-Dade circuit court. Two

weeks later, he filed an application with the United States Department of

State, Office of Children’s Issues, seeking the return of the child pursuant to

the Convention of 25 October 1980 on the Civil Aspects of International Child

Abduction (the “Hague Convention”), a multilateral treaty to which both

Turkey and the United States are parties.

On October 19, 2023, the husband served the wife with the Miami-

Dade dissolution petition in Turkey. On October 31, 2023, the wife answered

the petition, asserting that Turkey, not Florida, was the proper jurisdiction

under the UCCJEA. To support her position, she alleged the child was a

Turkish citizen, began her education in Turkey, spent up to six months

annually in Turkey, and was enrolled in school in Istanbul.

On November 23, 2023, the Turkish Ministry of Justice filed a child

abduction action on behalf of the husband in the 14th Family Court of

Istanbul under the Hague Convention. On February 14, 2024, the husband

filed an Emergent Motion for Mandatory Injunction Restraining the Wife from

Proceeding with Divorce Litigation in Turkey. On May 8, 2024, the 14th

3 Family Court accepted the Hague case and ordered the return of the child to

Miami, finding Turkey was not her habitual residence. The wife

unsuccessfully appealed the decision to the Istanbul Regional Court of

Justice and the Turkish Supreme Court.

Meanwhile, the husband amended his antisuit motion in the Florida

case, and the parties proceeded to a nonevidentiary hearing. Citing a lack

of irreparable harm, among other factors, the trial court denied the motion.

This appeal followed. The Hague case is currently stayed by order of the

Turkish Constitutional Court.

STANDARD OF REVIEW

We review the denial of a temporary injunction for an abuse of

discretion. Telemundo Media, LLC v. Mintz, 194 So. 3d 434, 435 (Fla. 3d

DCA 2016). To the extent that such a decision implicates legal principles,

however, we conduct a de novo review. Id.

LEGAL ANALYSIS

Trial courts have the authority to grant antisuit injunctions. See Cole

v. Cunningham, 133 U.S. 107, 119, 134 (1890) (holding a court may enjoin

a party subject to its jurisdiction from pursuing litigation in a foreign court);

Auerbach v. Frank, 685 A.2d 404, 406 (D.C. 1996) (quoting 43A C.J.S.

Injunctions § 59, at 48 (1978 ed.)) (“Generally, under proper equitable

4 circumstances, a court may enjoin parties within its jurisdiction from

prosecuting actions in other states or foreign countries, where sufficient

grounds for granting such relief exist.”); Roberts Realty of Bah., Ltd. v. Miller

and Solomon (Bah.), Ltd., 234 So. 2d 417, 418 (Fla. 3d DCA 1970) (“The

power to restrain parties from litigating in another jurisdiction may be

exercised properly where irreparable harm will result to the movant from a

denial of the relief sought.”). But the general rule is that “when concurrent

jurisdiction exists” in parallel fora, “‘each forum is ordinarily free to proceed

to a judgment.’” Auerbach, 685 A.2d at 407 (quoting Laker Airways Ltd. v.

Sabena, Belgian World Airlines, 731 F.2d 909, 926 (D.C. Cir. 1984)).

Antisuit injunctions involving foreign proceedings implicate an

additional layer of concern. “[S]ince the effect of an injunction is to ‘restrict

the foreign court’s ability to exercise its jurisdiction,’ which may invite

reciprocal action in kind, ‘only in the most compelling circumstances does a

court have discretion to issue an antisuit injunction.’” Id. (quoting Laker

Airways, 731 F.2d at 927)).

Before issuing an antisuit injunction, the “court ‘should focus on (1)

whether an action in the foreign jurisdiction prevents [the state’s] jurisdiction

or threatens a vital [state] policy, and (2) whether the domestic interests

outweigh concerns of international comity.’” NextEra Energy Glob. Holdings

5 B.V. v. Kingdom of Spain, 112 F.4th 1088, 1107 (D.C. Cir. 2024) (quoting

Goss Int’l Corp. v. Man Roland Druckmaschinen Aktiengesellschaft, 491

F.3d 355, 361, 361 n.4 (8th Cir. 2007)).

Against these principles, we examine the instant case. Here, the

husband contends the trial court erred in denying relief because an antisuit

injunction is necessary to protect its jurisdiction. The essence of his

argument is that Florida has jurisdictional priority over the child because it is

the child’s home state. And therefore, he argues, the Turkish family court’s

interim ruling runs afoul of the UCCJEA and given the lack of service,

traditional notions of due process. See §§ 61.503(7), .514(1)(a), .515(1),

Fla. Stat.

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Related

Cole v. Cunningham
133 U.S. 107 (Supreme Court, 1890)
Auerbach v. Frank
685 A.2d 404 (District of Columbia Court of Appeals, 1996)
Telemundo Media, LLC v. Mintz
194 So. 3d 434 (District Court of Appeal of Florida, 2016)
Roberts Realty of the Bahamas, Ltd. v. Miller & Solomon (Bahamas), Ltd.
234 So. 2d 417 (District Court of Appeal of Florida, 1970)

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Markus Niemeyer v. Sinem Suder Niemeyer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/markus-niemeyer-v-sinem-suder-niemeyer-fladistctapp-2025.