THE ARCHDIOCESE OF MIAMI AND EDWARD A. MCCARTHY, ETC., PETITIONER,
v.
DOLORES SAMA, JOINED BY NICHOLAS SAMA, HER HUSBAND AND ROBERT F. BUKSCH, JR., AND JOAN S. BUKSCH, HIS WIFE, RESPONDENTS
THE ARCHDIOCESE OF MIAMI AND EDWARD A. MCCARTHY, ETC., PETITIONER,
DOLORES SAMA, JOINED BY NICHOLAS SAMA, HER HUSBAND AND ROBERT F. BUKSCH, JR., AND JOAN S. BUKSCH, HIS WIFE, RESPONDENTS
519 So. 2d 28
Florida District Court of Appeal, Third District (1987)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Courts are prohibited from resolving church property disputes on the basis of religious doctrine,” Galich v. Catholic Bishop of Chicago, 75 Ill.App.3d 538, 31 IJLDec. 370, 394 N.E. 2d 572 (1979); see Graffam v. Wray, 437 A. 2d 627, 633 (Me. 1981), when, as here, the underlying controversy concerns religious doctrine and only incidentally affects other matters. We therefore conclude that the petitioners have affirmatively demonstrated a lack of jurisdiction in the lower court. English v. McCrary, 348 So. 2d 293 (Fla.1977). We are certain that it will not be necessary to issue a formal judgment in prohibition.
Prohibition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The House of God Which Is the Church of the Living God v. Ashanta White and Semmie Taylor, 792 So. 2d 491 (Fla. 4th DCA 2000)…English v. McCrary, 348 So. 2d 293 (Fla.1977). It has been invoked successfully in cases in which a party challenges a court’s subject matter jurisdiction to entertain a dispute involving religious doctrine. See, e.g., Archdiocese of Miami v. Sama, 519 So. 2d 28 (Fla. 3d DCA 1987), rev. denied, 529 So. 2d 695 (Fla.1988). Petitioner makes three claims in support of prohibition. First, the church argues that the First Amendment limits the subject matter jurisdiction of courts to decide lawsuits such as this…
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City OF Clearwater v. Allen's Creek Props., Inc., 658 So. 2d 539 (Fla. 2d DCA 1995)…ses shed some light on the City’s right to “interlock” the providing of sewer services with annexation, they do not provide an exception to the general rule stated above. [*542] Allen’s Creek also cites City of Clearwater v. Metco Development Corp., 519 So. 2d 28 (Fla. 2d DCA 1987), review denied, 525 So. 2d 876 (Fla.1988), for the proposition that the City’s annexation policy is invalid. In that ease, the court struck down the City’s requirement of annexation in return for water services in unincorporated a…
Authorities Cited
- Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)