VASHTI TROTMAN
v.
JAMES THOMAS AND LELIA MAE THOMAS, HIS WIFE
VASHTI TROTMAN
JAMES THOMAS AND LELIA MAE THOMAS, HIS WIFE
154 Fla. 71
Florida Supreme Court (1944)
Positive Treatment
Also reported at: 16 So. 2d 640
Cited by 6 cases
Opinion of the Court
The questions presented by this appeal are the propriety of habeas corpus to obtain custody of a minor child and the sufficiency of the evidence to sustain the order appealed from.
It is the law beyond question that habeas corpus is a proper remedy in such cases. We find the evidence sufficient to sustain the judgment, hence the same is affirmed.
BUFORD, C. J., BROWN, CHAPMAN and SEBRING, JJ., concur.
THOMAS, J., dissents.
TERRELL, J., not participating.
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Crane v. Hayes, 253 So. 2d 435 (Fla. 1971)…80 So. 62 (1918); 11 F.L.P., Habeas Corpus, § 23. Accord, In re Marlowe, 268 N.C. 197, 150 S.E. 2d 204 (1966). There is no question but that ha-beas corpus is a proper proceeding to obtain custody of a child wrongfully withheld. Trotman v. Thomas, 154 Fla. 71, 16 So. 2d 640 (1944). However, this does not mean that a habeas corpus proceeding involving child custody is converted into a full-dress civil action in equity. On the contrary, habeas corpus retains its form as a special proceeding of high priorit…
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Brown v. Dixie Herlong Chastain, 416 F.2d 1012 (5th Cir. 1969)…to my position. Had appellant Harden transferred custody of her child to her former husband, both she and the child could then test the husband’s custody by using the writ of habeas corpus. F.S.A. § 79.01 (1969 supp.) ; see e. g., Trotman v. Thomas, 154 Fla. 71, 16 So. 2d 640, 641 (1944); see generally, 39 C.J.S. Habeas Corpus §§ 41-42 (1944); cf. Harris v. Nelson, 394 U.S. 286, 89 S.Ct. 1082, 22 L.Ed.2d 281 (March 24, 1969). On habeas corpus appellants would be afforded plenary federal adjudication of the…