Tuesday, May 8, 2012

First District Finds Appeal Moot in International Custody Dispute

The First District Court of Appeal today found the appeals filed in Garces v. Legarda to be moot.  In short, the Appellant moved to Florida from Ecuador with the parties’ children, allegedly under false pretenses and without leave to do so.  The Appellee filed petitions for the return of the children, and there was no request for affirmative relief filed by the Appellant in Florida.  The Court ordered the children returned to the Appellee, who returned to Ecuador and dismissed his pending petition, leaving the Appellant with no legally cognizable interest remaining in the outcome of the appeal, as even reversal would grant her no relief.

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