Cregier v. State

Supreme Court of Florida

Cregier v. State

29 So. 2d 308, 158 Fla. 514, 1947 Fla. LEXIS 559

CourtSupreme Court of Florida

DecidedFebruary 28, 1947

StatusPublished

Cited by2 cases

This text of 29 So. 2d 308 (Cregier v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cregier v. State, 29 So. 2d 308, 158 Fla. 514, 1947 Fla. LEXIS 559 (Fla. 1947).

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Opinion

ADAMS, J.:

Pursuant to Sec. 62.32, et seq., Florida Statutes, 1941, F.S.A., Evalyn A. Cregier filed a petition for restoration to sanity in the Circuit Court of Dade County.

*515 An order was duly entered adjudging her to be judicially sane and requiring her guardian to restore her property to her. Thereafter on motion duly made, a rule was issued to the' guardian to show cause why he should not be in contempt for failure to account.

The guardian made return that Evalyn A. Cregier was duly adjudged insane by the County Judge of Martin County and he was appointed guardian of her property by the same court; that he gave bond as required by court order and proceeded to exercise his duty. At this point the chancellor declined to proceed with the accounting and left the parties to the forum of the County Judge’s court of Martin County.

The Circuit Court of Dade County had jurisdiction to proceéd with the accounting. Likewise the County Judge’s Court of Martin County had jurisdiction over it. The chancellor exercised sound judicial discretion in leaving the parties to the forum of Martin County because that is where the property is located; where the guardian resides and where the bond was given for the faithful performance of the guardian’s duties. The decree appealed from was entered pursuant to discretion of the chancellor and we find no error in same.

Affirmed.

THOMAS, C. J., BUFORD and BARNS, JJ., concur.

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ADAMS, J.:

Pursuant to Sec. 62.32, et seq., Florida Statutes, 1941, F.S.A., Evalyn A. Cregier filed a petition for restoration to sanity in the Circuit Court of Dade County.

*515 An order was duly entered adjudging her to be judicially sane and requiring her guardian to restore her property to her. Thereafter on motion duly made, a rule was issued to the' guardian to show cause why he should not be in contempt for failure to account.

The guardian made return that Evalyn A. Cregier was duly adjudged insane by the County Judge of Martin County and he was appointed guardian of her property by the same court; that he gave bond as required by court order and proceeded to exercise his duty. At this point the chancellor declined to proceed with the accounting and left the parties to the forum of the County Judge’s court of Martin County.

The Circuit Court of Dade County had jurisdiction to proceéd with the accounting. Likewise the County Judge’s Court of Martin County had jurisdiction over it. The chancellor exercised sound judicial discretion in leaving the parties to the forum of Martin County because that is where the property is located; where the guardian resides and where the bond was given for the faithful performance of the guardian’s duties. The decree appealed from was entered pursuant to discretion of the chancellor and we find no error in same.

Affirmed.

THOMAS, C. J., BUFORD and BARNS, JJ., concur.

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29 So. 2d 308, 158 Fla. 514, 1947 Fla. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cregier-v-state-fla-1947.

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