IN RE ADOPTION BY CHARLES W. COX, SR. AND PATRICIA A. COX, HIS WIFE

Fla. 4th DCA | 1974-08-02
No. 73-1170
OWEN, C. J., and CROSS and DOW-NEY, JJ., concur.
299 So. 2d 104 Florida District Court of Appeal, Fourth District (1974) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral argument of counsel for the respective parties, we determine that there was no clear and convincing evidence on record to warrant permanently depriving the natural mother, A. A. G., of custody of her child, N. A. G. See Roy v. Holmes, 111 So. 2d 468 (Fla.App.1959); Torres v. Van Eepoel, 98 So. 2d 735 (Fla.1957). Therefore, the chancellor erred in entering a final judgment of adoption in favor of the petitioners, Charles W. Cox Sr. and Patricia A. Cox. Accordingly, the final judgment of adoption is reversed and the cause remanded with directions to dismiss the adoption proceedings.

Reversed and remanded, with directions.

OWEN, C. J., and CROSS and DOW-NEY, JJ., concur.


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  • In re Adoption By Charles W. COX, Sr., 327 So. 2d 776 (Fla. 1976)
    …ENGLAND, Justice. Our jurisdiction under Article V, § 3(b)(3) of the Florida Constitution is invoked to review a direct conflict between the decision below, reported at Fla.App., 299 So. 2d 104, and that rendered in Ptigh v. Barwick. Our review of the case also discloses conflict with the decision in In Re Stonehouse’s Adoption Certiorari is granted. This proceeding arose when Charles and Patricia Cox endeavored to adopt the natural dau…
  • Huckeba v. State, 322 So. 2d 29 (Fla. 1975)
    …PER CURIAM. This cause is before us on a petition for writ of certiorari, supported by certificate of the District Court of Appeal, Second District, that its decision in Huckeba v. State, 299 So. 2d 104 (Fla.App.2d 1974), is one which involves a question of great public interest. Petitioner was informed against for grand larceny. He pled not guilty, but was found guilty by the jury, and was sentenced to five years. The trial court denied the petit…

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