IN THE MATTER OF EMMA WELLS RAUGHLEY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court lacked jurisdiction to enter an order because the petition was not filed in compliance with the relevant statute.
A petition was filed in the Circuit Court of the Eleventh Judicial Circuit of Florida by a relative residing in Duval County. The order allowed certai…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Statutory Compliance cases and more on FLexlaw
The appeal brings for review an order made in a proceeding attempted to be instituted under the provisions of Chapter 746 Fla. Statutes, 1941 (same F.S.A.), wherein the curator and guardian were allowed certain fees. Cross assignments of error were filed as to other parts of the same order.
Many questions have been presented and argued. However, one question is posed which, when determined, disposes of the whole matter.
The original petition in this case was filed in the Circuit Court of the Eleventh Judicial Circuit of Florida and shows on its face, that it is filed by a relative who resides in Duval County, Florida.
It, therefore, is apparent that no petition was filed which complied with Sec. 746.01 Fla. Statutes 1941 (same F.S.A.) and the court was without jurisdiction to enter any order pursuant thereto, except an order denying the petition. See Wade v. Janney, 151 Fla. 260, 9 So. (2nd) 715.
So, the order appealed from is reversed and the cause remanded with directions that it be dismissed.
CHAPMAN, C. J., TERRELL and ADAMS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Moore v. Fitzgerald, 157 Fla. 395 (Fla. 1946)…ard of the court appointing such curator.” Of course, this section only applies to decrees which are valid and cannot apply to a decree which is invalid because of lack of jurisdiction of the court to enter the same. In the case of In re Raughley, 155 Fla. 723, 21 So. (2nd) 212, and in which opinion was filed on March 13th, 1945, we said: “Where original petition in proceedings for appointment of curator and guardian was filed by relative who resided in county outside of judicial circuit of circuit court…
-
ST. Gaudens v. Parry, 516 So. 2d 1031 (Fla. 4th DCA 1987)…ides. The statute is clear and the cases relied on by appellee for a different result are either inapposite or distinguishable. The statute is to be strictly construed. Wade v. Janney, 151 Fla. 260, 9 So. 2d 715 (1942); In re Raughley, 155 Fla. 723, 21 So. 2d 212 (1945). Our disposition of this issue renders the additional points raised by appellant moot. We reverse the order appealed and remand for appropriate disposition of other pending matters. REVERSED AND REMANDED. GUNTHER and STONE, JJ., concur.…
Authorities Cited
- Wade v. Bess Wells Janney, 151 Fla. 260 (Fla. 1942)