Summary
The Florida Third District Court of Appeal reviewed the dismissal with prejudice of Teresa Cabrera’s separate declaratory judgment action seeking to invalidate a marital settlement agreement incorporated into the parties’ dissolution judgment. The court affirmed the dismissal but remanded for clarification that the dismissal was without prejudice to Cabrera timely asserting her claims in related civil-division actions.
Topics
Practice areas
Questions Presented
- Whether the family court properly dismissed Cabrera's separate declaratory-judgment action seeking to invalidate the marital settlement agreement.
- Whether the dismissal should be clarified as without prejudice to Cabrera's timely asserting MSA-related claims in the pending civil-division actions.
Holdings
- The appellate court affirmed the order dismissing the separate lawsuit because the MSA-related claims were being litigated in other circuit-court actions and the separate action was brought after the time limitations applicable to a motion seeking to vacate the dissolution judgment.
- Although the court affirmed the dismissal order, it remanded for an amended order clarifying that the dismissal was without prejudice to Cabrera timely asserting her claims concerning the MSA in the pending civil-division actions.
Key quotations
“We affirm the challenged order but remand to the trial court to enter an amended order clarifying that its order is without prejudice to Former Wife timely asserting her claims related to the parties’ MSA in the actions pending in the civil division of the circuit court.” (at 2-3)
Factual background
The parties entered into an August 19, 2021 marital settlement agreement that was approved as part of the November 1, 2021 final judgment dissolving their marriage. Cabrera later filed a separate declaratory-judgment action seeking to invalidate the MSA, while related litigation concerning the MSA was pending in two circuit-court civil-division cases. The separate action was filed on August 12, 2024, more than one year after the final judgment.
Procedural history
Teresa Cabrera filed a separate declaratory-judgment action on August 12, 2024, seeking to invalidate the parties' August 19, 2021 marital settlement agreement, which had been approved in the November 1, 2021 final judgment dissolving the parties' marriage. Alberto Cabrera Miranda moved to dismiss, arguing that related litigation was already pending in the circuit court's civil division and that the separate family-division action constituted forum shopping and an attempt to avoid the time limitations of Florida Family Law Rule of Procedure 12.540. After a dismissal hearing for which no transcript was provided, the trial court dismissed the action with prejudice. The appellate court affirmed but remanded for clarification that the dismissal was without prejudice to timely asserting the MSA-related claims in the pending civil-division actions.
Remand instructions
The trial court must enter an amended order clarifying that the dismissal is without prejudice to Teresa Cabrera timely asserting her claims related to the marital settlement agreement in the actions pending in the civil division of the circuit court.