Archdiocese of Miami v. Sama

District Court of Appeal of Florida

Archdiocese of Miami v. Sama

519 So. 2d 28, 12 Fla. L. Weekly 2757, 1987 Fla. App. LEXIS 11426, 1987 WL 2284

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1987

DocketNo. 87-2307

StatusPublished

Cited by2 cases

This text of 519 So. 2d 28 (Archdiocese of Miami v. Sama) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Archdiocese of Miami v. Sama, 519 So. 2d 28, 12 Fla. L. Weekly 2757, 1987 Fla. App. LEXIS 11426, 1987 WL 2284 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Courts are prohibited from resolving church property disputes on the basis of religious doctrine,” Galich v. Catholic Bishop of Chicago, 75 Ill.App.3d 538, 31 IJLDec. 370, 394 N.E.2d 572 (1979); see Graffam v. Wray, 437 A.2d 627, 633 (Me. 1981), when, as here, the underlying controversy concerns religious doctrine and only incidentally affects other matters. We therefore conclude that the petitioners have affirmatively demonstrated a lack of jurisdiction in the lower court. English v. McCrary, 348 So.2d 293 (Fla.1977). We are certain that it will not be necessary to issue a formal judgment in prohibition.

Prohibition granted.

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PER CURIAM.

Courts are prohibited from resolving church property disputes on the basis of religious doctrine,” Galich v. Catholic Bishop of Chicago, 75 Ill.App.3d 538, 31 IJLDec. 370, 394 N.E.2d 572 (1979); see Graffam v. Wray, 437 A.2d 627, 633 (Me. 1981), when, as here, the underlying controversy concerns religious doctrine and only incidentally affects other matters. We therefore conclude that the petitioners have affirmatively demonstrated a lack of jurisdiction in the lower court. English v. McCrary, 348 So.2d 293 (Fla.1977). We are certain that it will not be necessary to issue a formal judgment in prohibition.

Prohibition granted.

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519 So. 2d 28, 12 Fla. L. Weekly 2757, 1987 Fla. App. LEXIS 11426, 1987 WL 2284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/archdiocese-of-miami-v-sama-fladistctapp-1987.

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