JAMES B. WAHRBURG, BY AND THROUGH HIS MOTHER AND GUARDIAN, SYLVIA WAHRBURG, AND SYLVIA WAHRBURG, INDIVIDUALLY, APPELLANTS,

v.

SUPER X DRUGS OF FLORIDA, INC., APPELLEE

Citator

Cited By

• Armour v. Allen, 377 So. 2d 798 (Fla. 1st DCA 1979)
  …imposed by one parent on the other; rather it is a dual obligation imposed on the parents by the State. The rule is stated by the Supreme Court in State ex rel. Airston v. Bollinger, 88 Fla. 123, 101 So. 282, 283 (1924) and in Ciociola v. Ciocioia, 302 So. 2d 462, 464 (Fla. 3d DCA 1976), as follows: “The father owes a duty to nurture, support, educate and protect his child, and the child has the right to call on him for the discharge of this duty. These obligations and rights are imposed and conferred by th…
• Melvin v. Melvin, 391 So. 2d 691 (Fla. 1st DCA 1980)
  …is Court recently held in Armour v. Allen, 377 So. 2d 798 (Fla.1st DCA 1979), that the enforcement of support judgments is equitable in nature and is not barred by the statute of limitations. In that case, the Court quoted from Ciociola v. Ciociola, 302 So. 2d 462, 464 (Fla.3d DCA 1976), and State ex rel. Aviston v. Bollinger, 88 Fla. 123, 101 So. 2d 282, 283 (1924), as follows: “The father owes a duty to nurture, support, educate and protect his child, and the child has the right to call on him for the disc…
• Dep't of Health & Rehabilitative Servs. v. Holland, 602 So. 2d 652 (Fla. 5th DCA 1992)
  …ild support. The duty can be strictly legal based on common law or statute (§ 61.13(1), Fla.Stat.) or it can be strictly contractual, or it can be a confusion of both. See, Simpson v. Simpson, 108 So. 2d 632 (Fla. 2d DCA 1959); Ciociola v. Ciociola, 302 So. 2d 462 (Fla. 3d DCA 1974). Separation agreements appurtenant to dissolution actions are often of the last category. The distinction between purely law-imposed duties and purely contractually-assumed duties should be more meaningful but they are blurred by…

Authorities Cited

• Langevin v. Gray Drug Stores, Inc., 216 So. 2d 70 (Fla. 3d DCA 1968)