Rinas v. Rinas
Rinas v. Rinas
Opinion of the Court
Julius G. Rinas appeals a June 12, 2002 order vacating a judgment dated August 18,1998. The 1998 judgment:
1. Entered a one-year injunction against him prohibiting domestic violence in protection of A.E.R., a minor; and
2. Awarded temporary custody, child support and alimony for the benefit of A.E.R.’s mother and sister.
The 1998 judgment was later modified to reduce alimony and to extend the injunction indefinitely upon a finding of indirect criminal contempt.
The father contends that while the original action for the domestic violence injunction was properly initiated by A.E.R.’s mother as “next friend,” or A.E.R.’s representative, because A.E.R. was a minor,
A.E.R. could not invoke the court’s jurisdiction as a representative of her sister or mother to seek custody, child support or alimony. Although A.E.R.’s mother brought the action as “next friend” of A.E.R, neither the mother or sister were parties to the action. The mother was a party to the action only in her representative capacity for A.E.R., a minor, who was seeking an injunction pursuant to section 741.30, Florida Statutes (1997). That statute does not authorize awards of custody, child support or alimony in the absence of a proceeding for dissolution of marriage.
The trial court recognized that the 1998 judgment exceeded its jurisdiction and vacated it as to the mother and sister as of June 12, 2002.
The trial court, while correctly finding it lacked jurisdiction to award any
The father’s motion to vacate the void judgment ab initio should have been granted. The earlier order was void when entered because A.E.R. lacked standing to act on behalf of her mother or sister and the trial court never acquired jurisdiction.
We partially vacate the June 27, 2002 order vacating the earlier orders regarding custody, support and alimony as of June 12, 2002 and remand for an order vacating them ab initio. We affirm that portion of the order dissolving the injunction for protection against domestic violence.
AFFIRMED in part; REVERSED and VACATED in part; REMANDED.
. See, e.g., Kingsley v. Kingsley, 623 So.2d 780 (Fla. 5th DCA 1993); H.K., a child by and through her next friend, Bruce H. Colton v. Vocelle, 667 So.2d 892 (Fla. 4th DCA 1996).
. We note that A.E.R. will continue to receive child support and the mother and sister have initiated proceedings of which they are parties in order to seek alimony and child support.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.