From Casetext: Smarter Legal Research

In Re: Raughley

Supreme Court of Florida. Division A
Mar 29, 1945
21 So. 2d 212 (Fla. 1945)

Opinion

March 13, 1945 Rehearing denied March 29, 1945

An appeal from the Circuit Court for Dade County, Marshall C. Wiseheart, Judge.

Morehead Pallot, for appellant.

Hollis Rhineheart, Jr., and Jack Moore, for appellees.


The appeal brings for review an order made in a proceeding attempted to be instituted under the provisions of Chapter 746 Fla. Statutes, 1941 (same F.S.A.), wherein the curator and guardian were allowed certain fees. Cross assignments of error were filed as to other parts of the same order.

Many questions have been presented and argued. However, one question is posed which, when determined, disposes of the whole matter.

The original petition in this case was filed in the Circuit Court of the Eleventh Judicial Circuit of Florida and shows on its face that it is filed by a relative who resides in Duval County, Florida.

It, therefore, is apparent that no petition was filed which complied with Sec. 746.01 Fla. Statutes 1941 (same F.S.A.) and the court was without jurisdiction to enter any order pursuant thereto, except an order denying the petition. See Wade v. Janney, 151 Fla. 260, 9 So.2d 715.

So, the order appealed from is reversed and the cause remanded with directions that it be dismissed.

CHAPMAN, C. J., TERRELL and ADAMS, JJ., concur.


Summaries of

In Re: Raughley

Supreme Court of Florida. Division A
Mar 29, 1945
21 So. 2d 212 (Fla. 1945)
Case details for

In Re: Raughley

Case Details

Full title:IN THE MATTER OF EMMA WELLS RAUGHLEY

Court:Supreme Court of Florida. Division A

Date published: Mar 29, 1945

Citations

21 So. 2d 212 (Fla. 1945)
21 So. 2d 212

Citing Cases

St. Gaudens v. Parry

The statute is to be strictly construed. Wade v. Janney, 151 Fla. 260, 9 So.2d 715 (1942); In re Raughley,…

Moore v. Fitzgerald

Of course, this section only applies to decrees which are valid and cannot apply to a decree which is invalid…