Opinion · Florida Court Opinions

STATE EX REL. MARDEN v. CHASTAIN, 207 So.2d 6 (Fla. 1968)

STATE OF Fla. EX REL. GAYLE RAE (BROWN) MARDEN, PETITIONER, v. HONORABLEDIXIE HERLONG CHASTAIN, AS JUDGE OF THE JUVENILE & DOMESTIC RELATIONSCOURT, RESPONDENT., 207 So. 2d 6 (Fla. 1968)

Type
Opinion
Court
Florida Court Opinions
Jurisdiction
Florida
Date
1968-02-14
Topic
general

STATE EX REL. MARDEN v. CHASTAIN, 207 So.2d 6 (Fla. 1968) STATE OF FLORIDA EX REL. GAYLE RAE (BROWN) MARDEN, PETITIONER, v. HONORABLEDIXIE HERLONG CHASTAIN, AS JUDGE OF THE JUVENILE AND DOMESTIC RELATIONSCOURT, RESPONDENT.

Citator

UpLaw has not yet analyzed STATE EX REL. MARDEN v. CHASTAIN, 207 So.2d 6 (Fla. 1968). The absence of a flag is not a finding that it is good law.

STATE EX REL. MARDEN v. CHASTAIN,207 So.2d 6(Fla. 1968)
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.
No. 36371.
Supreme Court of Florida.
February 14, 1968.
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.
PER CURIAM.
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, Circuit Judge (Retired), concur.Page 7