LOUISE E. HINES, APPELLANT,
v.
W. M. HINES, APPELLEE
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The Florida Supreme Court remanded a case concerning a wife's acceptance of benefits during an appeal of a domestic relations order. The court needed to consider its recent decision in Brackin v. Brackin, but lacked the necessary assignments of error to determine the impact.
The court did not directly answer the certified question. Instead, it remanded the case to the District Court of Appeal for consideration in light of the Brackin v. Brackin decision.
“The decision of the District Court of Appeal, First District,1 in this cause was certified by that court as passing on a question of great public interest, to wit: "[T]he procedure which must be followed' by a wife in seeking review of an order or decree rendered in a domestic relations case in the event the benefits conferred by the order or decree are to be accepted by the wife during the pendency of the appeal."'”
Identifies the certified question of public interest that brought the case before the Supreme Court.
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Join FLexlaw to unlock all legal intelligenceA wife appealed an order in a domestic relations case. The District Court of Appeal certified a question of great public interest regarding the proced…
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The decision of the District Court of Appeal, First District,1 in this cause was certified by that court as passing on a question of great public interest, to wit: “[T]he procedure which must be followed' by a wife in seeking review of an order or decree rendered in a domestic relations case in the event the benefits conferred by the order or decree are to be accepted by the wife during the pendency of the appeal.”'
Subsequent to the District Court’s decision this court rendered its opinion on rehearing in Brackin v. Brackin, 182 So.2d 1, January 12, 1966, but, because the record before us does not contain the petitioner’s assignments of error to the District Court, we are unable to ascertain the effect of our decision in Brackin.
The cause is remanded to the District Court of Appeal, First District, for consideration in the light of Brackin v. Brackin, supra.
THORNAL, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hines v. Hines, 184 So. 2d 510 (Fla. 1st DCA 1966)…ourt in Brackin v. Brackin, the order heretofore entered in this cause dismissing the appeal is vacated and set aside, and the appeal is reinstated for further proceedings. STURGIS and CARROLL, DONALD K., JJ., concur. . Hines v. Hines, 1966, Fla., 183 So. 2d 531. . Rule 3.8(b), F.A.B. “If an appeal is taken from an order or decree awarding separate mainteance, support or alimony, the lower eourt may in its discretion, upon proper notice and bearing, order the payment of separate maintenance, support or al…
Authorities Cited
- Frauken Elizabeth Brackin v. Brackin, 182 So. 2d 1 (Fla. 1966)
- Hines v. Hines, 177 So. 2d 670 (Fla. 1st DCA 1965)