ERICA LYNN COREY, PETITIONER,
v.
MICHAEL JAMES COREY, RESPONDENT
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The Court discharged its jurisdiction because the legislative changes rendered the issue moot.
The Court initially accepted jurisdiction to review a conflict regarding the abrogation of the judicial presumption against rotating custody due to th…
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We initially accepted jurisdiction to review the decision of the Third District Court of Appeal in Corey v. Corey, 29 So.3d 315 (Fla. 3d DCA 2009), based on express and direct conflict with decisions of other district courts of appeal. The conflict issue under review is whether the Legislature’s enactment of section 61.121, Florida Statutes, abrogated the judicial presumption against rotating custody.1 After further consideration of the issue involved, and in light of the Legislature’s repeal of section 61.121 and substantial revision to section 61.13, Florida Statutes, effective October 1, 2008,2 we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is dismissed.
It is so ordered.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Corey v. Corey, 29 So. 3d 315 (Fla. 3d DCA 2009)