SADIE BIAS, N/K/A SADIE PATE, APPELLANT,
v.
WARNER BIAS, APPELLEE

Fla. 3d DCA | 1979-07-24
Nos. 79-657, 79-792
Before PEARSON, KEHOE and SCHWARTZ, JJ.
374 So. 2d 64 Florida District Court of Appeal, Third District (1979) Negative Treatment
Cited by 44 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

These interlocutory appeals grow out of the same child custody case. Two questions are presented; first, there is a question concerning the jurisdiction of the Florida court and second, there is a question concerning whether the decision of the court was an abuse of its discretion in such matters. It appears to us that the Florida court had jurisdiction where the presence of the child in another state was solely effected by the mother, who maintained the child in that state in violation of a court-recognized stipulation.1 We find no abuse of discretion in the ruling on the merits. See Smith v. Davis, 147 So. 2d 177, 179-180 (Fla. 1st DCA 1962).

Affirmed.

. Cf. Baird v. Baird, 374 So. 2d 60 (Fla. 3d DCA 1979); filed this same date, where the appellee mother was not in violation of any court order when she initially brought her child into the State of Florida and where the Florida trial court’s subsequent actions were discretionary under the provisions of the Uniform Child Custody Jurisdiction Act, Sections 61.1302-61.1348, Florida Statutes (1977).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (20 total)

  • Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)
    …14 So. 2d 559 (Fla. 3d DCA 1982), held that the placement or non-plaeement of traffic control signals or pedestrian control signals is a judgmental, planning-level function unless mandated by a particular statute. Ferla v. Metropolitan Dade County, 374 So. 2d 64 (Fla. 3d DCA 1979), cert. denied, 385 So. 2d 759 (Fla.1980), is a more difficult case to explain. The court in Feria held that the setting of a speed limit by the county and the construction of a causeway with a narrow traffic lane represented judgm…
    1 / 2
  • Mondy v. Mondy, 428 So. 2d 235 (Fla. 1983)
    …olation of a court order.2 Although the father had originally taken the children unilaterally, we find this to be no justification for the mother’s doing likewise, especially when she flaunted a court order in taking the boys away. See Bias v. Bias, 374 So. 2d 64 (Fla. 3d DCA 1979). At the risk of sounding trite, we reiterate that two wrongs do not make a right. Here, however, the wife engaged in exactly the kind of conduct which the UCCJA was designed to discourage. Because the Idaho court had jurisdiction…
  • …uch cannot be the subject of traditional tort liability; and therefore that immunity therefor continues in spite of Section 768.28, Florida Statutes (1975). Commercial Carrier v. Indian River County, 371 So. 2d 1010 (Fla.1979); Feria v. Dade County, 374 So. 2d 64 (Fla. 3d DCA 1979). That basis for continued immunity of a county or municipality for such matters does not prevail in face of a statutory imposition of a duty on such governmental agencies to establish and maintain such traffic regulation faciliti…

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