JOHN T. MARSHALL, APPELLANT,

v.

CITY NATIONAL BANK, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RUBY JOHNSON, DECEASED, APPELLEE

Citator

Cited By

• Padgett v. Dep't OF Health & Rehabilitative Servs., 577 So. 2d 565 (Fla. 1991)
  …rights in and to her child, and the child’s corresponding rights in and to its mother, cannot be terminated by the State based solely upon the mother’s deficient parental capabilities which result from conditions beyond her control.” In re C.N. G., 531 So. 2d 345, 347 (Fla. 5th DCA 1988) (Cowart, J., dissenting) (arguing that parental rights cannot be terminated merely because the parents are mentally and emotionally deficient); see In re T.D., 537 So. 2d 173 (Fla. 1st DCA 1989) (court refused to permanently…
• Kingsley v. Kingsley, 623 So. 2d 780 (Fla. 5th DCA 1993)
  …comparison impermissibly places upon parents who are defending termination proceedings the burden of proving that they are “better” parents than the prospective parents. See Padgett, 577 So. 2d at 572 (Barkett, J., concurring) (quoting In re C.N.G., 531 So. 2d 345, 347 (Fla. 5th DCA 1988) (Cowart, J., dissenting)). This procedure constitutes an undue burden on a parent’s fundamental liberty interest in the care and custody of the parent’s child. In this regard, we emphasize that neither Florida nor federal la…
• In the Interest of T.D., 537 So. 2d 173 (Fla. 1st DCA 1989)
  …CA 1988), (father’s failure to communicate with or support his children during a six-month period of incarceration was not abandonment where father repeatedly attempted to have children brought to prison to visit him.) Cf. In the Interest of C.N.G., 531 So. 2d 345 (Fla. 5th DCA 1988) (per curiam affirmance of the termination of a mentally retarded mother’s parental rights based on the best interest of her child even though the trial court expressly found no abuse, abandonment or neglect of the child by the mo…