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Florida Supreme Court Case Study



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Date Docketed. To Top. Order for brief memorandum on 9. Memorandum Brief. State's Motion for Clarification. AE Attorney General-W. State's Petition for Writ of Prohibition. The petition for writ of prohibition is hereby denied because petitioner has failed to demonstrate that a lower court is attempting to act in excess of its jurisdiction. See Mandico v. Taos Constr. McCrary, So. Any motions or other requests for relief are hereby denied. ORDERED that appellant's motion filed April 9, , for extension of time is granted, and appellant shall serve the initial brief on or before April 22, In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.

Initial Brief on Merits. State's Answer Brief. Appellant's Reply Brief. Appellant's Notice of Supplemental Authority. The case will be submitted to a conference by a panel of the court. ORDERED sua sponte that jurisdiction is hereby relinquished to the trial court for the purpose of rendering a written judgment and sentence in accordance with its oral pronouncement of August 14, ; further ORDERED that the trial court shall file with this court said written judgment and sentence within thirty 30 days from the date of this order.

Lucie County, Florida, nunc pro tunc retroactive to August 14, Second Motion to Dismiss. Response to Second Motion to Dismiss. Motion to Withdraw the Second Motion to Dismiss. ORDERED that the appellee's amended motion filed July 9, , to withdraw appellee's second motion to dismiss appeal for lack of jurisdiction hereby granted; further, ORDERED that appellee's second motion to dismiss appeal for lack of jurisdiction filed June 17, , is hereby determined to be moot. Order Setting Oral Argument. Following Heller's methodology leads to an embrace of open carry and a rejection of both a strong public safety-oriented limitation on the right to carry and the alternative outlet theory.

Yale Law Rev. Oral Argument Video. Central to narrow tailoring is the fit between the government's objective and its means. A regulation flunks narrow tailoring by being "overbroad" if "[the proffered] interests could be achieved by narrower ordinances that burde[n] [the right] to a far lesser degree. The Fourth Circuit noted last year that "no circuit has accepted an overbreadth challenge in the Second Amendment context," but what it meant, in context, was that "[a] person to whom a statute properly applies can't obtain relief based on arguments that a differently situated person might present.

Tyler v. While the right to carry outside the home has been established by the highest court of the land, no decision interpreting the Second Amendment can be cited for the proposition that a state must allow for one form of carry over another. State, 58 So. Jurisdiction Initial Brief. State's Jurisdiction Answer Brief. State's Answer Brief on Merits. Everytown Amicus. Reply Brief on Merits. NRA Amicus. Vague and insubstantial reasons are unacceptable. Because the custodial parent has been judicially determined to be best suited to provide for the residential needs of the child, every effort should be made to keep the primary physical residence of the child intact with that parent.

Thus, where the custodial parent demonstrates convincing reasons for a move,[22] permission for removal ordinarily should be granted. Whenever possible the court must provide for a reasonable and realistic alternative visitation schedule, in keeping with the Legislature's determination that the best interests of the child are served through shared parenting and maintaining frequent and continuing contact with both parents. The majority's liberal standard favoring removal will work no inequity in those cases where the noncustodial parent has failed to exercise decisionmaking and visitation rights or has done so in a negative manner.

However, where the noncustodial parent has exercised extensive parenting and visitation rights, perhaps at great personal sacrifice, and has worked hard to create a loving bond with the child, the majority opinion will invite clear injustice as well as immeasurable heartbreak for that parent and child, in case after case within our state. To my mind, when a parent is granted the great benefits of primary physical residence he or she may reasonably be expected to shoulder the responsibilities as well, and this may at times include reasonable geographical limitations during the child's minority.

Half a century ago in Fields v. Fields, Fla. Bachman, So. Murphy, So. We have jurisdiction pursuant to article V, section 3 b 3 of the Florida Constitution. Compare Busbee v. Weeks, 80 Fla. Gayle, Ala. In the latter half of this century, courts and legislatures began to recognize that both parents should play a role in caring for children, even if the parents no longer live together. See Paul S. Quinn, Jr. Frondistou-Yannas, Mass. Auge, N. Polanski, N. Weiss, 52 N. Hill v. Crippen, So. Culpepper, So. Stricklin, So. Baisley, So. See, e. Costa, So. The above analysis is applicable whenever removal from a geographical area will have a substantial impact on the visitation rights of the noncustodial parent.

See Raines, supra note 11, at "[F]orty percent of both men and women surveyed stated that an overriding consideration, when deciding to leave the marital community, was a desire to create more geographic distance between themselves and their former spouses. The extent of the disruption caused by the move on the child's social, educational, and emotional development. The nature and quality of the child's relationship with the noncustodial parent and the extent to which that relationship will be altered by the move. Whether mutual conflict between the parents exists and has adversely affected the child.

Whether this will be lessened by the move. The preference of the child, to the extent he or she is mature enough to express a reasonable opinion. The extent to which the child's social, economic, educational, or physical development will be benefited by the move. Whether the custodial parent has engaged in a sustained effort to alienate the child from the other parent. Whether the custodial parent has engaged in a pattern of denying or frustrating the noncustodial parent's visitation rights. Whether the custodial parent is amenable to formulating a realistic and reasonable alternative visitation schedule. Whether the custodial parent will be likely to comply with visitation once out of the community.

Whether the custodial parent has remarried and the move is prompted by legitimate obligations of the new spouse. Whether denial of permission to remove the child will cause a breakup in the new family. To the extent the move is based on an employment opportunity, the firmness and quality of the opportunity. Whether a higher cost of living in the new location will offset any increase in pay. Whether the custodial parent or new spouse of that parent has looked for similar or alternative jobs in the present community.

Whether the custodial parent has relatives or close friends in the new location capable of providing economic or emotional support for the parent or child. The extent to which the proposed move will benefit the custodial parent in terms of economic, educational, or social opportunities, or health requirements. Whether the noncustodial parent has engaged in a sustained effort to alienate the child from the other parent. Whether the underlying purpose of the attempt to block the move is to impede the residential parent's autonomy or to secure a financial advantage in future support payments.

Whether the noncustodial parent has engaged in a pattern of abuse or harassment toward the residential parent. The extent to which the noncustodial parent has shared the rights and responsibilities of childrearing. The nature and quality of the relationship between the noncustodial parent and child. The depth of the bond between the two. Whether substitute visitation will be adequate to foster a continuing and meaningful relationship between the child and noncustodial parent.

Mize Receive free daily summaries of new opinions from the Florida Supreme Court. Mize v. Mize Annotate this Case. Supreme Court of Florida. July 1, Jack A. Nants, Orlando, for respondent. As Judge Schwartz stated: [S]o long as the parent who has been granted the primary custody of the child desires to move for a well-intentioned reason and founded belief that the relocation is best for that parent's and, it follows, the child's well-being, rather than from a vindictive desire to interfere with the visitation rights of the other parent, the change in residence should ordinarily be approved.

Thus, in making the ultimate decision, trial courts must consider and weigh factors discussed by Judge Nesbitt, such as: 1. Whether the move would be likely to improve the general quality of life for both the primary residential spouse and the children. Whether the motive for seeking the move is for the express purpose of defeating visitation. Whether the custodial parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements. Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child or children and the noncustodial parent. Whether the cost of transportation is financially affordable by one or both of the parents.

Whether the move is in the best interests of the child. This sixth requirement we believe is a generalized summary of the previous five. It is so ordered. SHAW, J. As one commentator has noted: The cooperative custody system is based on the social value of the child's continuing relationship with both parents after divorce. Its premise is that a child is more likely to benefit if the state encourages divorced parents to work together in a parental capacity than if the state delegates control of the child to one of them. This fundamental belief, however, must contend with the realities of life in a mobile society that values personal and parental autonomy. As Professor Schepard notes, it is far better to resolve these issues through mediation than through the adversarial process: If the parents had not divorced they would have negotiated with each other about proposed relocations.

Mediation requires them to undertake that same negotiation with the help of a neutral party. The neutral party is necessary because the forces that encourage married parents to compromise with each other have been weakened by divorce, and the neutral party reminds them of their continuing joint interest in the welfare of their child. Schepard, 64 Tex. SHAW, Justice, concurring in result only. It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities of childrearing.

The court shall determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities of childrearing The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child The court shall order sole parental responsibility, with or without visitation rights, to the other parent when it is in the best interests of the minor child.

Our policy favoring frequent visitation is grounded in widely recognized social and psychological data, as summarized by Justice Schreiber of the New Jersey Supreme Court: Professor Biller states that "investigators point out the importance of frequent" father-child visiting patterns.

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