Mccann v. Proskauer
| Court | United States State Supreme Court of Florida |
| Writing for the Court | ELLIS, C.J. PER CURIAM. |
| Citation | 112 So. 621,93 Fla. 383 |
| Parties | McCANN v. PROSKAUER. |
| Decision Date | 05 March 1927 |
112 So. 621
93 Fla. 383
McCANN
v.
PROSKAUER.
Florida Supreme Court, Division A.
March 5, 1927
Rehearing Denied April 11, 1927.
Error to Circuit Court, Dade County; A. J. Rose, Judge.
Habeas corpus proceeding by Julien J. Proskauer against Mary G. McCann for the custody of Joan Proskauer and Patricia Proskauer, his minor children. Judgment for petitioner, and defendant brings error.
Affirmed.
Syllabus by the Court
SYLLABUS
Transcripts of records in habeas corpus cases should be made up and certified according to circuit court rule 103, although special rules 1, 2, and 3 are by special rule 6 made applicable (Rev. Gen. St. 1920, § 3580). Transcripts of records upon writs of error in habeas corpus cases should be made up and certified in accordance with the requirements of circuit court rule 103; but special rules 1, 2, and 3 are by special rule 6 made applicable to habeas corpus proceedings.
Bill of exceptions made in accordance with rules of law is essential to preserve errors occurring at hearing of case on merits. A bill of exceptions made up in accordance with the rules of law is essential to preserve errors which occur at the hearing of a case on its merits.
Judgment is not bad because trial judge refuses to fix amount and conditions of supersedeas bond. A judgment in a cause is not rendered bad because the trial judge refuses to fix the amount and conditions of a supersedeas bond.
Father is entitled prima facie to custody of minor children; in habeas corpus proceedings, father held entitled to custody of children as against his former wife. A father is entitled prima facie to the custody of his minor children.
COUNSEL [112 So. 621]
[93 Fla. 383] R. B. Gautier, of Miami, for plaintiff in error.
James M. Carson and McIlvaine & Ray, all of Miami, for defendant in error.
OPINION
ELLIS, C.J.
Julien J. Proskauer, in October, 1926, obtained a writ of habeas corpus directed to Mary G. McCann to produce the bodies of Joan Proskauer, aged 10 years, [93 Fla. 384] and Patricia Proskauer, aged 9 years, children of the petitioner, and to show why they should not be delivered into the custody of their father.
A motion to quash the writ was denied, and the respondent answered.
The court heard the case upon the questions presented by the petition and answer, and awarded the custody of the children to the petitioner. What appears to be a transcribed stenographic report of the evidence heard constitutes the greater part of the record. There is no bill of exceptions. There is a stipulation between counsel that the document attached, consisting 'of 87 pages of testimony and 6 exhibits,' contains all the evidence introduced at the hearing, and a certificate of the trial judge that the transcript, 'consisting of 87 pages of testimony and 6 exhibits, contains all the evidence introduced at the hearing.' There is no date, either to the stipulation or the certificate. The judgment was entered on the 19th of October, 1926. A writ of error was allowed on October 23d, and the same was made returnable to November 29, 1926. The record was filed here on the 27th day of that month.
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Frazier v. Frazier
...as to the custody of children theretofore enjoyed by the father. See Hopkins v. Hopkins, 84 Fla. 500, 94 So. 157; McCann v. Proskauer, 93 Fla. 383, 112 So. 621. The decree appealed from should be affirmed in part and reversed in part, and the [147 So. 468] cause remanded to the court below ......
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Hancock v. Dupree
...is not unusual for circuit judges to settle contests over the custody of minor children by habeas corpus proceedings. McCann v. Proskauer, 93 Fla. 383, 112 So. 621; State v. Bollinger, 88 Fla. 123, 101 So. 282; Witt v. Burford, 84 Fla. 201, 93 So. 186; Busbee v. Weeks, 80 Fla. 323, 85 So. 6......
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Myer-kotkin v. Walker
...8 Fla. 136; Pine v. Anderson, 22 Fla. 330; Lakeland Mfg. Co. v. Sebring Development Co., 89 Fla. 193, 104 So. 856; McCann v. Proskauer, 93 Fla. 383, 112 So. 621. See, also, Citizens' Bank v. Williams, 91 Fla. 589, 110 So. 252, and authorities therein cited. [101 Fla. 457] The same rule appl......
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Corbitt v. Walters, 2335
...was permissible only and the trial court appears to have acted to the ultimate best interest of the child. See McCann v. Proskauer, 1927, 93 Fla. 383, 112 So. 621; Hancock v. Dupree, 1930, 100 Fla. 617, 129 So. 822; Frazier v. Frazier, 1933, 109 Fla. 164, 147 So. 464; Foster v. Sharpe et al......