BRENDA JOHNSON, APPELLANT,
v.
EARL LAVAUGHN JOHNSON, APPELLEE

Fla. 2d DCA | 1973-10-24
No. 73-705
McNULTY and BOARDMAN, JJ., concur.
284 So. 2d 231 Florida District Court of Appeal, Second District (1973) Positive Treatment
Cited by 5 cases
Topics
Legislative Prerogative Judicial Interpretation Of Statutes Dissolution Of Marriage

Explore caselaw by topic → Browse Legislative Prerogative cases and more on FLexlaw

Opinion of the Court
MANN, Chief Judge.

MANN, Chief Judge.

In all candor we must recognise that the matter of divorce is a legislative prerogative.

Dekle, J., in Ryan v. Ryan, Fla.1973, 277 So. 2d 266 at 274

We are oathbound to reverse a circuit judge who refused to grant a dissolution of marriage to a woman who came into his court with “unclean hands.” Reminded in a petition for rehearing that the legislature had abrogated the “clean hands” defense in divorce actions and that the Supreme Court had, in Ryan, quoted from above, held the law constitutional, the trial judge replied that “some court other than this one must announce the abdication of common sense, morality, and decency by the courts of this state.” It is our duty to oblige, although one of our seven Justices agrees with the trial judge in this case. We receive the statutory law from the legislature and its interpretation from our Supreme Court, agreeing with some, disagreeing with some, following all, because our bondage to law is the price of our freedom.

Reversed and remanded for further proceedings in accordance with law.

McNULTY and BOARDMAN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Dwyer, 332 So. 2d 333 (Fla. 1976)
    …trict Court of Appeal in Hill v. State, 302 So. 2d 785 (2nd D.C.A.1974). “. . . whether we agree with the decision of the Supreme Court we must follow it. To quote our erstwhile brother, Judge Mann, in Johnson v. Johnson, Fla.App. [2nd Dist.] 1973, 284 So. 2d 231, we receive the interpretation of the law ‘from our Supreme Court, agreeing with some, disagreeing with some, following all . . . . ’” Therefore, in the case sub judice the rule of stare decisis dictates that the lower court should have followed th…
  • State v. Johnston, 553 So. 2d 730 (Fla. 2d DCA 1989)
    …nsion procedure. “We receive the statutory law from the legislature and its interpretation from our Supreme Court, agreeing with some, disagreeing with some, following all, because our bondage to law is the price of our freedom.” Johnson v. Johnson, 284 So. 2d 231 (Fla. 2d DCA 1973). Due process requires adherence to the legislature’s mandate that before the Department of Motor Vehicles may initiate proceedings to suspend a person’s privilege to operate a motor vehicle, it must first receive the arresting of…
  • Collins v. State, 189 So. 3d 342 (Fla. 1st DCA 2016)
    …ey has been complied with. I respectfully disagree and note that while we are free to call into question a decision of the Florida Supreme Court, we are not free to ignore it. Hoffman v. Jones, 280 So. 2d 431 (Fla.1973); see also Johnson v. Johnson, 284 So. 2d 231 (Fla. 2d DCA 1973) ("We receive the statutory law from the legislature and its interpretation from our Supreme Court, agreeing with some, disagreeing with some,' following all, because our bondage to law is the price of our freedom.”). Likewise the…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw