ADELE W. SNEAD AND ROBERT SNEAD, PETITIONERS,
v.
CHARLES H. PLAVCHAK ET AL., RESPONDENTS

Fla. 2d DCA | 1972-02-11
No. 70-829
PIERCE, C. J., and LILES and Mc-NULTY, JJ„ concur.
257 So. 2d 591 Florida District Court of Appeal, Second District (1972) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This case has been remanded back to us, on certiorari granted by the Florida Supreme Court,1 for reconsideration of our prior decision2 in the light of that court’s subsequent opinion in Stecher v. Pomeroy.3

Since then, the trial judge has requested by letter that we return the case for reconsideration by him and for further proceedings also in the light of Stecher, We think this appropriate.

The cause is hereby remanded to the lower court for further proceedings not inconsistent with Stecher, supra.

PIERCE, C. J., and LILES and Mc-NULTY, JJ„ concur.


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  • Smothers v. Smothers, 281 So. 2d 359 (Fla. 1973)
    …CARLTON, Chief Justice. Our jurisdiction in this cause is dependent upon a direct conflict between the decision of the District Court of Appeal sub judice, 257 So. 2d 591, and another decision of a District Court or of this Court. Article V, Section 3(b)(3), Florida Constitution, F.S.A. We issued a writ of certiorari in this cause because of an apparent conflict indicated in the record proper. See Foley v. Weaver Dru…
  • In re the Marriage OF Doris J. Scabarozi v. Scabarozi, 321 So. 2d 564 (Fla. 4th DCA 1975)
    …cumstances, or for material facts unknown to the court at the time of the decree, and then only when it is shown to be essential to the welfare of the child.” (Emphasis supplied.) See also Doran v. Doran, supra; Smothers v. Smothers, Fla.App. 1971, 257 So. 2d 591, writ dischg 281 So. 2d 359 (Fla.1973). The record clearly reflects and the judge himself recognized that he had heard only one side of the case and was concerned about the doctrine of res judicata. Moreover, the record demonstrates clearly that th…

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