STATE OF FLORIDA EX REL. GAYLE RAE (BROWN) MARDEN, PETITIONER,
v.
HONORABLE DIXIE HERLONG CHASTAIN, AS JUDGE OF THE JUVENILE AND DOMESTIC RELATIONS COURT, RESPONDENT
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The Florida Supreme Court discharged a writ of certiorari, finding no conflict between prior decisions and concluding the writ was improvidently granted. The court reconciled seemingly conflicting precedents, upholding the principle established in In re Rouse.
No, the prior decisions are reconcilable, and the writ of certiorari was improvidently granted. The court found it unnecessary to choose between Beckham and Rouse, as they can coexist.
“We have now concluded that Beckham and Rouse are reconcilable and it is not necessary to accept one and reject the other.”
Establishes the court's conclusion that the prior cases do not present a conflict.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought certiorari review due to an apparent conflict between the instant decision and prior Florida Supreme Court rulings in State ex r…
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We granted certiorari because of an apparent conflict between the instant decision and the decision of this Court in State ex rel. York v. Beckham, 160 Fla. 810, 36 So.2d 769 (1948). We initially felt that it would be necessary to consider the case at bar in view of apparently conflicting holdings in Beckham and our later decision in In re Rouse, 66 So.2d 42 (Fla.1951). See Billingham v. Thiele, 109 So.2d 763 (Fla.1959). We have now concluded that Beckham and Rouse are reconcilable and it is not necessary to accept one and reject the other. We therefore find that the instant writ was improvidently granted and that it should be discharged on the authority of In re Rouse, supra.
It is so ordered.
CALDWELL, C. J., DREW, THOR-NAL and ERVIN, JJ., and WHITE, Circuit Judge (Retired), concur.
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Brown v. Dixie Herlong Chastain, 416 F.2d 1012 (5th Cir. 1969)…ce and custody decree transferred custody .jurisdiction of Dawn Elaine to the Juvenile Court wherein James Brown filed suit for a change of custody of Dawn Elaine. See State ex rel. Marden v. Chastain, 197 So. 2d 561 (Fla.App.1967), cert. discharged 207 So. 2d 6 (Fla.1968). On May 8, 1967, after more than a year of hearings, custody of the then 9-year-old plaintiff was awarded to her father, with whom she had not maintained a close family relationship for six years. The several hearings held prior to the fi…
Authorities Cited
- Ira E. Billingham v. Ellsworth W. Thiele, 109 So. 2d 763 (Fla. 1959)
- State of Fla. Ex rel. James A. York v. Honorable W. H. Beckham, 160 Fla. 810 (Fla. 1948)
- In re Rouse v. Rouse, 66 So. 2d 42 (Fla. 1953)