Lambert v. Taylor
| Decision Date | 02 June 1942 |
| Citation | 8 So.2d 393,150 Fla. 680 |
| Parties | LAMBERT et ux. v. TAYLOR et al. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Hillsborough County; L. L. Parks judge.
Schad & Carter, of Gainesville, for appellants.
H. S Glazier, of Tampa, for appellees.
This appeal brings for review a final decree, setting aside and cancelling a previous order of adoption.
On May 2, 1939, Minnie Lee Taylor, joined by her husband, C. L Taylor, both of Tampa, Florida, filed a bill of complaint against B. L. Lambert and his wife, Elizabeth M. Lambert both of Plant City, Florida, seeking to have revoked, vacated and annulled an order of adoption of a child entered March 31, 1934, by Hon. L. L. Parks, Circuit Judge; and to have the name of the child changed to Lonnie David Taylor.
The allegations of the bill show that plaintiff, who was Minnie Lee Johnson at that time, gave birth to the child, Lonnie David, on October 12, 1933, prior to her marriage; that a son of defendants Kenneth Lambert, was the father of the child; that shortly after the birth of the child, defendants requested plaintiff to come and live with them; that defendant Elizabeth M. Lambert claims to have adopted the child; that the order of court permitting adoption was procured through mistake, accident and fraud; that plaintiff did sign a paper, but thought it was a paper to give the child a name, instead of an adoption paper, by which defendants adopted the child; that in February, 1935, defendants gave the child to a family in Island Grove, Alachua County, Florida. The bill also contained allegations as to the unfitness of defendants, and the fitness of plaintiff and her husband to keep the child.
B. L. Lambert and his wife, Elizabeth M. Lambert, each filed separate answers to the bill. The answers denied the material allegations of the bill and set up that the child, Lonnie David Lambert, was adopted by defendants, and was given all the care, love and affection possible; that Mrs. Lambert became seriously ill and her stepdaughter and husband, Mr. and Mrs. W. P. Howard, of Island Grove, Alachua County, Florida, adopted the child on September 25, 1935, and had the child's name changed to W. P. Howard, Jr., that the Howards are able to care for the child and have cared for it as their own; that plaintiff Minnie Lee Taylor is not a fit person from the standpoint of health or morals to have the custody of the child.
The court decreed that the order of adoption of March 31, 1934, be set aside, cancelled and held for naught.
The evidence shows that a short time after the birth of the child, Lonnie David, the Lamberts, the parents of the accused father of the child (Kenneth Lambert), asked Minnie Lee Johnson, the mother of the child, to come live with them. She did, and stayed there from October, 1933, until March or April, 1934, a period of about four or five months, when she was told to leave. The deed of consent permitting the adoption by Mrs. Lambert of the child was signed by Minnie Lee Johnson in the presence of witnesses, while she was living with the Lamberts. The evidence was conflicting, but there was evidence to show that plaintiff did not know she had consented to the adoption by signing the paper, but thought it was only for the purpose of giving the baby a name. On that point plaintiff Minnie Lee Taylor testified as follows:
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Peregood v. Cosmides
...of a natural parent's consent to the adoption of a child is sufficient to warrant setting aside the adoption. Lambert v. Taylor, 150 Fla. 680, 8 So.2d 393 (1942). It logically follows that consent to an adoption for the purpose of abrogating a parent's obligation of child support is a sham ......
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Preston v. Tolone, 94-2874
...1987); Don Mar, Inc. v. Gillis, 483 So.2d 870 (Fla. 5th DCA 1986).2 See In re Adoption of Shea, 86 So.2d 164 (Fla.1956); Lambert v. Taylor, 8 So.2d 393 (Fla.1942).3 See State ex rel. Warren v. City of Miami, 15 So.2d 449 (Fla.1943); Andy v. Lessem, 595 So.2d 197 (Fla. 3d DCA 1992); Groover ......
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Petition of Gaban
...would be despotic in the extreme and contrary to the plainest principles of morality and justice.' Likewise in Lambert v. Taylor, 150 Fla. 680, 8 So.2d 393, 394, we 'The fraudulent gaining of the consent of the natural parent to the adoption has been held to be sufficient to warrant a court......
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Kelly v. Kaufman, 57-301
...which it affirmatively appears that the trial judge did not consider. Torreyson v. Dutton, 145 Fla. 169, 198 So. 796; Lambert v. Taylor, 150 Fla. 680, 8 So.2d 393; Gautier v. Biscayne Shores Imp. Corp., Fla.1953, 68 So.2d 386; cf. Rule 3.7(i), Florida Appellate The summary judgment must be ......