Castle v. Castle

District Court of Appeal of Florida

Castle v. Castle

247 So. 2d 455, 1971 Fla. App. LEXIS 6665

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 1971

DocketNo. 70-703

StatusPublished

Cited by3 cases

This text of 247 So. 2d 455 (Castle v. Castle) 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.

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Castle v. Castle, 247 So. 2d 455, 1971 Fla. App. LEXIS 6665 (Fla. Ct. App. 1971).

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OWEN, Judge.

Interlocutory appeal to review an order granting custody of the parties’ minor child to appellee, who was the plaintiff below in this suit for alimony unconnected with divorce.

The three-year-old child who is the subject of the custody order is not now and has not been at anytime during the pen-dency of this suit physically within the territorial limits of this state. Under the present state of the law, this fact deprived the court of jurisdiction to initially adjudicate the custody of the minor child. Dorman v. Friendly, 1941, 146 Fla. 732, 1 So.2d 734; Rich v. Rich, Fla.App.1968, 214 So.2d 777; Nieburger v. Nieburger, Fla.App.1968, 214 So.2d 382; Mirras v. Mirras, Fla.App.1967, 202 So.2d 887; Smith v. Davis, Fla.App.1962, 147 So.2d 177.

The custody order appealed is reversed.

REED, J., concurs. WALDEN, J., dissents, with opinion.

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OWEN, Judge.

Interlocutory appeal to review an order granting custody of the parties’ minor child to appellee, who was the plaintiff below in this suit for alimony unconnected with divorce.

The three-year-old child who is the subject of the custody order is not now and has not been at anytime during the pen-dency of this suit physically within the territorial limits of this state. Under the present state of the law, this fact deprived the court of jurisdiction to initially adjudicate the custody of the minor child. Dorman v. Friendly, 1941, 146 Fla. 732, 1 So.2d 734; Rich v. Rich, Fla.App.1968, 214 So.2d 777; Nieburger v. Nieburger, Fla.App.1968, 214 So.2d 382; Mirras v. Mirras, Fla.App.1967, 202 So.2d 887; Smith v. Davis, Fla.App.1962, 147 So.2d 177.

The custody order appealed is reversed.

REED, J., concurs. WALDEN, J., dissents, with opinion.

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247 So. 2d 455, 1971 Fla. App. LEXIS 6665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castle-v-castle-fladistctapp-1971.

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