EDWARD S. QUEST, ET AL., APPELLANTS,
v.
LEON JOSEPH, ETC., ET AL., APPELLEES
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PER CURIAM.
WHEREAS, the judgment of this court, 392 So. 2d 256 (Fla.App.) was entered on January 7, 1981 affirming the judgment of the Circuit Court of Dade County, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment, 414 So. 2d 1063 (Fla.) filed April 29, 1982, and mandate now lodged in this court, quashed this court’s judgment;
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on January 7, 1981 is withdrawn, the judgment of this court filed January 7, 1981 is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the order of the trial court appealed herein is reversed and the cause is remanded for further proceedings consistent with the opinion and judgment of the Supreme Court of Florida. Cost allowed shall be taxed in the trial court (Rule 9.400a, Florida Rule of Appellate Procedure.)
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Citator
Cited By (28 total)
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Matilla v. Matilla, 474 So. 2d 306 (Fla. 3d DCA 1985)…ared parental responsibility is sufficiently clear so that one can readily determine that the non-custodial parent has a right of access to the child that should not be diminished without justification. As the court stated in Giachetti v. Giachetti, 416 So. 2d 27, 29 (Fla. 5th DCA 1982), “Inherent in the visitation privileges granted to a non-custodial spouse by a judgment of dissolution is a command to the custodial spouse that such visitation privileges should not be unreasonably hampered, hindered or dest…
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McINTYRE v. Nance Ruth McINTYRE, 452 So. 2d 14 (Fla. 1st DCA 1984)…justify removal and the virtual destruction of the other parent’s visitation rights resulting therefrom. See, e.g., Costa v. Costa, 429 So. 2d 1249 (Fla. 4th DCA 1983); Scheiner v. Scheiner, 336 So. 2d 406 (Fla. 3d DCA 1976); Giachetti v. Giachetti, 416 So. 2d 27 (Fla. 5th DCA 1982). In Costa, the court enforced such a limitation and observed, at 1251: Both of these parents have a fundamental, continual and permanent obligation to these children that can only be satisfied by the love and attention the clos…1 / 2
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Russenberger v. Russenberger, 669 So. 2d 1044 (Fla. 1996)…, 589 So. 2d 959 (Fla. 5th DCA 1991), quashed, 621 So. 2d 417 (Fla.1993); Mast v. Reed, 578 So. 2d 304 (Fla. 5th DCA 1991); Cole v. Cole, 530 So. 2d 467 (Fla. 5th DCA 1988); Jones v. Vrba, 513 So. 2d 1080 (Fla. 5th DCA 1987); Giachetti v. Giachetti, 416 So. 2d 27 (Fla. 5th DCA 1982). On the other hand, the Third District adopted a policy favoring relocation. See Hill v. Hill, 548 So. 2d 705 (Fla. 3d DCA 1989), review denied, 560 So. 2d 233 (Fla.1990); Matilla v. Matilla, 474 So. 2d 306 (Fla. 3d DCA 1985). Fi…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Joseph v. Quest, 414 So. 2d 1063 (Fla. 1982)
- Quest v. Joseph, 392 So. 2d 256 (Fla. 3d DCA 1980)