CLIFTON G. YORK, PETITIONER,
v.
EMMA SUE YORK, RESPONDENT
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Clifton York sought certiorari review of a circuit court's denial of his motion to dismiss a complaint filed by his estranged wife Emma Sue York for child support. The Florida Supreme Court held that because the respondent was already receiving the support she sought and there was no actual controversy between the parties, the circuit court lacked jurisdiction to entertain the suit.
The Florida Supreme Court held that the circuit court lacked jurisdiction because there must be some controversy of some kind to give the court jurisdiction to entertain a suit concerning a child, and in this case no controversy existed between the parties.
“There must be some controversy of some kind in order to give the Court jurisdiction to entertain a suit concerning such child.”
Establishes the key jurisdictional requirement that an actual controversy must exist for a court to adjudicate matters involving a child.
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Join FLexlaw to unlock all legal intelligenceClifton and Emma Sue York were lawfully married and resided in Columbia County, Florida. After becoming estranged, Emma Sue returned to her parents' h…
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MATHEWS, Chief Justice.
In order to understand this case, it is necessary that we call attention to the fact that a petition for a writ of certiorari was filed in this cause and denied on February 10, 1954. There was no motion to dismiss the complaint, but there was a motion to quash process subsequent upon a special appearance. After the petition for certiorari was denied, the petitioner here filed a motion to dismiss the complaint upon the grounds that the complaint failed to state a claim upon which relief could be granted and that the complaint showed on its face that the Gadsden County Circuit Court was without jurisdiction of the parties for the relief sought. The Circuit Judge denied the motion to dismiss. It is to review this order that petition for certiorari was filed.
It appears that Clifton G. York, the petitioner, and Emma Sue York, the respondent, were lawfully married and resided in Columbia County, Florida. Shortly thereafter they became estranged and the respondent returned to the home of her parents in Gadsden County, Florida. The husband paid all of the expenses incident to the birth of her child and since the birth has paid the sum of $25 per week for the support of the child. The bill of complaint filed by Emma Sue York shows that said sum is sufficient for her to properly support the said child while she is residing with her parents and obtaining her own support and financial assistance therefrom. She alleges that it will be necessary for the husband to continue to pay $25 per week and that said sum is reasonable. She left her husband of her own free will and accord because of some undisclosed disagreement. She does not allege that .she left him because of his fault and she is not seeking a divorce. There is no allegation that the husband has threatened to or will stop the support he is now paying or that he has threatened in any manner whatsoever to seek the custody of the child. Respondent now has the custody of the child and alleges that she is a fit and proper person to have such custody. No one denies this. •
According to the bill of complaint respondent is now receiving everything she wishes to receive in the future and no one, according to this record, denies her right to the things she is now receiving and no one is threatening to take any such rights away from her. Respondent prays the Court to take cognizance of the cause and to enter a final decree giving to her the things she is now receiving and now has.
Under the facts and circumstances which we have outlined there is no basis whatsoever for this suit. It is true that the presence of the child may establish a proper venue but there must be some controversy of some kind in order to give the Court jurisdiction to entertain a suit concerning such child. The cases of Dorman v. Friendly, 146 Fla. 732, 1 So. 2d 734; Eddy v. Staufer, 160 Fla. 944, 37 So. 2d 417; and Water-house v. Pringle, Fla., 68 So. 2d 599, involved controversial matters. In the case at bar there was no controversy between the parties.
Petition for writ of certiorari be and the same is hereby granted, and the order of the Circuit Judge denying the motion to dismiss the bill of complaint be and the same is hereby quashed, with directions to dismiss the proceedings.
THOMAS, SEBRING and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carroll v. Vernell Carroll, 322 So. 2d 53 (Fla. 1st DCA 1975)…ce of a child in the forum county is sufficient to sustain venue of an action involving his custody and support, despite objection by a defendant residing in a distant county. Dones v. Green, 212 So. 2d 919 (Fla.App. 3rd, 1968), citing York v. York, 78 So. 2d 406 (Fla.1955) (dictum). . Russell v. Russell, 86 Fla. 15, 96 So. 288 (1923) ; Edmundson v. Edmundson, 133 Fla. 703, 709, 182 So. 824, 826 (1938). . In Wildey v. Wildey, 30 Fla.Supp. 201 (Cir.Ct., Broward Co., 1968), the chancellor in a divorce suit f…
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Dones v. Green, 212 So. 2d 919 (Fla. 3d DCA 1968)…tody in Dade County. It was not error for the trial judge to refuse to transfer the cause, since the children (the subject matter of the cause) were physically present and temporarily domiciled in the county of the forum. See York v. York, Fla.1955, 78 So. 2d 406. We have examined the record in light of the appellant’s contentions regarding the sufficiency and weight of the evidence, and we hold that she has not demonstrated the absence of an evidentiary basis for the findings of the trial judge nor has she…
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York v. York, 78 So. 2d 408 (Fla. 1955)…th reference to venue, because at that time no motion to dismiss had been filed. The opinion in this case must be read in connection with the opinion filed this day granting the petition for certiorari in the Gadsden County case. York v. York, Fla., 78 So. 2d 406. It appears that the Circuit Court of Gadsden County had no jurisdiction, and that the petition for certiorari to review the order of the Circuit Court of Columbia County complained about should be granted. It is therefore ordered that the petit…
Authorities Cited
- Dorman v. Friendly, 146 Fla. 732 (Fla. 1941)
- Eddy v. Stauffer, 160 Fla. 944 (Fla. 1948)
- Webster v. State, 68 So. 2d 599 (Fla. 1953)
- Waterhouse v. Pringle, 68 So. 2d 599 (Fla. 1953)
- York v. York, 78 So. 2d 408 (Fla. 1955)