Hector Perez Acosta v. Idaymi Martinez-Borges
A father appealed an order granting the mother sole parental responsibility and curtailing his timesharing; while the appeal was pending, he obtained permission to travel abroad with the child, failed to return, and concealed himself and the child at an unknown location, prompting a pick-up order and an unserved arrest warrant. The Third District granted the mother's motion to dismiss under the common law fugitive disentitlement doctrine, holding the father's fugitive status was sufficiently connected to the order on appeal and that dismissal served the doctrine's equitable purposes.
Key facts
- Father appealed an order granting mother sole parental responsibility and reducing his timesharing with the child.
- While the appeal was pending, father obtained permission to travel abroad with the child but failed to return and concealed his location and the child's whereabouts, prompting a pick-up order and arrest warrant.
- +2 more key facts with a free trial
Why it matters
This is a rare published Florida decision applying the fugitive disentitlement doctrine to dismiss a family-law appeal, and it lays out the three-prong framework (fugitive status, nexus to the action, necessity) that… — full analysis with a trial
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