JOHN WILLIAM SMETANA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Gorman v. Gorman, 400 So. 2d 75 (Fla. 5th DCA 1981)
  …s against others. Appellee cites Pitman v. Pitman, 153 Fla. 434, 14 So. 2d 671 (1943), Cone v. Cone, 62 So. 2d 907 (Fla. 1953), Shepard v. Shepard, 87 So. 2d 807 (Fla.1956), DeGroot v. Fuller, 210 So. 2d 244 (Fla. 2d DCA 1968), Heffernan v. Goldman, 256 So. 2d 522 (Fla. 4th DCA), cert. denied, 256 So. 2d 6 (Fla.1971), Brannan v. Brannan, 284 So. 2d 701 (Fla. 1st DCA 1973), Forman v. Forman, 315 So. 2d 9 (Fla. 3d DCA 1975), and Scott v. Singleton, 378 So. 2d 885 (Fla. 1st DCA 1979), cert. denied, 388 So. 2d 11…
• Kazmierazak v. Query, 736 So. 2d 106 (Fla. 4th DCA 1999)
  …e biological father. See id. at 524. Also, Simmons, like Wills, is resolved without addressing the father’s privacy rights or expressly addressing the issue of the foster mother’s standing. Also relied upon by the appellant is Heffernan v. Goldman, 256 So. 2d 522 (Fla. 4th DCA 1971), wherein custody was awarded to a step-mother despite the biological mother’s petition for custody. See id. at 523. Affirming the award of the trial court, this court provided that “[i]t is not contrary to law to award custody of…

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• Golstein v. Golstein, 442 So. 2d 330 (Fla. 4th DCA 1983)
  …employed in that opinion is overpowering in declaring that “independent of statute, a court of chancery has inherent jurisdiction to control and protect infants and their property.” Id. at 908. Furthermore, this very court in Heffernan v. Goldman, 256 So. 2d 522 (Fla. 4th DCA 1971), upheld the award of custody of two minor children to a stepmother in preference to the natural mother. The Fifth District has likewise approved a custody award to a stepparent. Gorman v. Gorman, 400 So. 2d 75 (Fla. 5th DCA 1981)…

Authorities Cited

• State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1971)
• Florentino Falcon v. State, 226 So. 2d 399 (Fla. 1969)