Michelle Parker's family re-files wrongful death suit against her ex-fiancé

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ORANGE COUNTY, Fla. —

Channel 9 has learned the family of Michelle Parker has amended and refiled a wrongful death lawsuit in the case of the missing woman.

The new suit is filed against Parker's ex-fiancé and father of her two children, Dale Smith, and just happened to be filed on the birthday of their twins, Trey and Taylor.

Parker disappeared in November 2011 after dropping her twins off at Smith's Orlando apartment, the same day that she and Smith appeared on a previously taped episode of "People's Court."


PDF: Wrongful death suit amended complaint | Exhibits


Police named Smith as the only suspect but never brought charges against him. Smith and the children now live out of the state.

The suit was filed by Parker's mother, Yvonne Stewart, who said she filed it in an effort to find out what happened to her daughter.

A judge dismissed Stewart's original lawsuit and asked that it be refiled with more information. During that hearing, the judge told both sides that he needs to see more facts, including exactly how Parker's family alleges Smith caused her death.

The complaint is twice as long as the original and says, "Upon information and belief, various text messages exist which confirm the ongoing difficulties in the relationship," between Parker and Smith.

The new complaint lays out the timeline of events the day Parker disappeared, saying at 2 p.m. on Nov. 17, 2011, the couple appeared on "The People's Court" to settle a dispute over an engagement ring, with Parker saying Smith "gets pretty malicious and vindictive."

The timeline of events goes on to say that at 3:18 p.m., Parker's SUV was at Smith's condo when she dropped off the twins.

At 4:26 p.m., a text to her brother from her phone said she was in Waterford, when records show the phone was actually somewhere else.

At 8 p.m., Parker's phone stopped transmitting in Belle Isle and at 8:55 p.m. her vehicle was in the Conroy and Vineland Roads area, stripped of its decals.

"This family deserves answers. We look forward to getting those answers and moving the case to trial," said Stewart's attorney, John Dill.