A.P.B., THE FATHER v. T.C.-M., THE MOTHER
CourtDistrict Court of Appeal of Florida
Date FiledDecember 2, 2020
Docket3D20-1285
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed December 2, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1285
Lower Tribunal No. 17-15305
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A.P.B., the Father,
Appellant,
vs.
T. C.-M., the Mother, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Jason E. Dimitris,
Judge.
Jennifer Ford Law, PLLC, and Jennifer Ford (Fort Lauderdale), for appellant.
Karla Perkins, for appellee Department of Children & Families; Thomasina
F. Moore and Laura J. Lee (Tallahassee), for appellee Guardian ad Litem Program;
T. C.-M., the Mother, in proper person.
Before FERNANDEZ, LINDSEY and GORDO, JJ.
GORDO, J.
Affirmed. See Balmoral Condo. Assโn v. Grimaldi, 107 So. 3d 1149, 1153
(Fla. 3d DCA 2013) (When reviewing a motion for relief from judgment the โtrial
court is restricted . . . to the narrow grounds stated [in the rules of procedure], and is
not empowered to revisit a final judgment on the merits so as to correct errors of law
as the trial court may do on a motion for rehearing.โ (quoting Herskowitz v.
Herskowitz, 513 So. 2d 1318, 1319 (Fla. 3d DCA 1987)) (citations omitted)); Gen.
Comput. Servs. v. AP SC River Oaks LLC, 130 So. 3d 722, 722 (Fla. 3d DCA 2013)
(โ[P]rinciples of res judicata bar successive motions for relief from judgment where
the grounds for relief โwere repetitive of those asserted in the first motion, or which
with due diligence could have been asserted in the first motion.โโ (quoting Veloso
v. Trustcorp Cap. Leasing, 791 So. 2d 1138, 1138 (Fla. 3d DCA 2001))); Fla. Depโt
of Transp. v. Juliano, 801 So. 2d 101, 105 (Fla. 2001) (โ[T]he doctrine of res judicata
not only bars issues that were raised, but it also precludes consideration of issues
that could have been raised but were not raised in the first case.โ (citation omitted)).
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