State ex rel Marden v. Chastain, 36371
| Citation | 207 So.2d 6 |
| Decision Date | 14 February 1968 |
| Docket Number | No. 36371,36371 |
| Parties | STATE of Florida ex rel. Gayle Rae (Brown) MARDEN, Petitioner, v. Honorable Dixie Herlong CHASTAIN, as Judge of the Juvenile and Domestic Relations Court, Respondent. |
| Court | United States State Supreme Court of Florida |
Writ of Certiorari to the District Court of Appeal, Third District, 197 So.2d 561.
Tobias Simon, Miami, for petitioner.
Earl Faircloth, Atty. Gen., Herbert P. Benn, Asst. Atty. Gen., Robert M. Stirrup and Thomas & Stirrup, for respondent.
We granted certiorari because of an apparent conflict between the instant decision and the decision of this Court in State ex rel. York v. Beckham, 160 Fla. 810, 36 So.2d 769 (1948). We initially felt that it would be necessary to consider the case at bar in view of apparently conflicting holdings in Beckham and our later decision in In re Rouse, 66 So.2d 42 (Fla.1951). See Billingham v. Thiele, 109 So.2d 763 (Fla.1959). We have now concluded that Beckham and Rouse are reconcilable and it is not necessary to accept one and reject the other. We therefore find that the instant writ was improvidently granted and that it should be discharged on the authority of In re Rouse, supra.
It is so ordered.
CALDWELL, C.J., DREW, THORNAL and ERVIN, JJ., and WHITE, Cir cuit Judge (Retired), concur.
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Brown v. Chastain, 26848.
... 416 F.2d 1012 (1969) . Dawn Elaine BROWN, by and through Gayle (Brown) Marden, as her mother and next friend, et al., Plaintiffs-Appellants, Cross Appellees, . v. . Dixie ... determination of federal constitutional questions voluntarily submitted to and decided by the state courts of Florida in connection with litigation pending in the state courts, no review by the ......
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