CAROL ANN BARBER, BY AND THROUGH HER FATHER AND NEXT FRIEND, FRANKLIN BARBER AND FRANKLIN BARBER, APPELLANTS,
v.
NORTH SHORE HOSPITAL, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1962-09-21
No. 60-585
144 So. 2d 877 Florida District Court of Appeal, Third District (1962)

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Synopsis

The appellate court reviewed an order from the juvenile court granting custody of minor children to the mother, despite a prior Georgia divorce decree awarding custody to the father.


Holding

The juvenile court did not err in modifying the Georgia custody decree, as Florida courts have jurisdiction and can modify custody orders based on the child's best interest.


Facts & Procedural History

A father was awarded custody of his children by a Georgia divorce decree. After the parties moved to Florida, the mother filed a petition for custody …

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Opinion of the Court

ORDER ON MANDATE

WHEREAS, the judgment of this court was entered on the 2nd day of October, 1961 (133 So.2d 339), reversing the judgment of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, 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 filed July 3, 1962 (143 So.2d 849), reversed this court’s judgment of reversal; and

WHEREAS, by the mandate of the Supreme Court of Florida, dated September 18, 1962, now lodged in this court, the cause was remanded for a determination of those issues not heretofore decided;

NOW, THEREFORE, it is ordered that the mandate of this court issued in this cause on October 20, 1961, is withdrawn, *878the judgment of this court filed October 2, 1961, is vacated and those issues not heretofore determined will he considered by the court with further oral argument to be subsequently noticed.


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