JAMES T. JOINER, APPELLANT,
v.
IN RE THE INTEREST OF BABY DOE, A MINOR CHILD, KERA DOERRFELD, BY HER MOTHER AND NEXT FRIEND, DARLENE KONZ, APPELLEE

Fla. 4th DCA | 1986-12-10
No. 4-86-1711
DOWNEY, ANSTEAD and DELL, JJ., concur.
510 So. 2d 309 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 1 case

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Holding

The appellate court affirmed the trial court's order granting a writ of habeas corpus, finding substantial competent evidence supported the finding of duress.


Facts & Procedural History

A mother signed a consent for adoption of her infant child, but later revoked it, alleging duress. The child was still delivered to prospective parent…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By way of a plenary appeal appellant, James T. Joiner, seeks review of a final order of the circuit court granting a petition for writ of habeas corpus.

On May 10, 1986, Kera Doerrfeld, age 16, the natural mother of Baby Doe, signed a final consent for adoption of her three-day-old baby. Three days later on May 13, 1986, Kera advised appellant, James T. Joiner, the intermediary in this proceeding, that she did not want to give the baby up. The prospective parents were apprised of that fact, but the child was delivered to them anyway.

Kera filed this petition for writ of habeas corpus alleging that she did not knowingly, willingly or voluntarily sign the consent form for the adoption of the child; it was in fact signed under duress, she alleged. Issue was joined on the question of duress as it affected the validity of the consent. The trial court, after a full evidentiary hearing, entered the final order appealed from, finding that Kera’s consent was the result of duress, and it ordered the child returned to Kera, the natural mother. We hold the record presented contains substantial competent evidence to support the trial judge’s findings and, thus, the judgment appealed from should be, and is, affirmed.

AFFIRMED.

DOWNEY, ANSTEAD and DELL, JJ., concur.


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Citator

Cited By

  • Doerrfeld v. Konz, 524 So. 2d 1115 (Fla. 2d DCA 1988)
    …ncially independent and continues to maintain her residence with the appellee, her mother. Accordingly, we affirm the decision of the trial court. LEHAN, A.C.J., concurs. HALL, J., concurs with opinion. . Joiner v. In re the Interest of Baby Doe, 510 So. 2d 309 (Fla. 4th DCA 1986). . This reason is not supported by the record, which makes clear that Kera travelled to Wisconsin on vacation to visit her sister. . The record indicates that Kera had in the past worked part-time for ninety days while attendin…

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