Opinion
No. 80-769.
December 24, 1980. Rehearing Denied February 9, 1981.
Appeal from Circuit Court, St. Lucie County; G. Kendall Sharp, Judge.
Osborne Walker O'Quinn, Fort Pierce, for appellant.
R.N. Koblegard, III, of Fee, Kobelgard Teel, P.A., Fort Pierce, for appellee, Peterman.
This appeal from a final judgment in a paternity action is presented to the Court as involving the issue of custody. We affirm the final judgment below, but in doing so, we note that the pleadings of the parties did not raise the issue of custody, and the final judgment entered by the Court did not rule on custody.
AFFIRMED.
BERANEK and HERSEY, JJ., concur.
LETTS, C.J., concurs specially with opinion.
I agree with the majority opinion, but would observe that had the issue of custody been before the trial court this court would probably not have reversed any holding granting custody to the father. There is evidence in the record suggesting that this five year old child may have been severely beaten while in the mother's care. Certainly she was badly injured.
The muddled record also suggests that the question of custody is, or was, pending before at least two other tribunals. It is to be hoped that the best interests of this child will be most carefully considered by all applicable courts and agencies if and when the issue of custody comes before them.