Florida Court Case: Preston v. Tolone

JANINE PRESTON, Appellant, v. ANTHONY TOLONE and MARY ANN TOLONE, Appellees.

COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT 

661 So. 2d 967; 20 Fla. L. Weekly D 2402 

October 27, 1995, Filed 

Released for Publication November 15, 1995. 

Appeal from the Circuit Court for Seminole County, Thomas G. Freeman, Judge. 

REVERSED and REMANDED for further proceedings consistent with this opinion. 

COUNSEL:
John V. Baum, Maitland, for Appellant. 

Scott R. McHenry of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., Orlando, for Appellees. 

JUDGES:
THOMPSON, J. DAUKSCH, J., concur. SHARP, W., J., concurring specially, with opinion. 

OPINION:

THOMPSON, J.
Janine Preston appeals from a final summary judgment denying her suit to set aside the adoption of her daughter, Jessica. Jessica had been adopted by Preston's parents, Anthony and Mary Ann Tolone. The final summary judgment of adoption was rendered on 13 March 1991. In September 1992, Preston brought this suit to set aside the adoption on the ground that her consent to the adoption was procured by fraud and misrepresentation. The trial court granted the final judgment, relying on section 63.182, Florida Statutes (1991). We reverse.
Section 63.182 provides:
After 1 year from the entry of a judgment of adoption, any irregularity or procedural defect in the proceedings is cured, and the validity of the judgment shall not be subject to direct or collateral attack because of any irregularity or procedural defect. Any defect or irregularity of, or objection to, a consent that could have been cured had it been made during the proceedings shall not be questioned after the time for taking an appeal has expired.

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