Judges: PER CURIAM.
Attorneys: Sutton, Tillman, Reeves Hobbs, John B. Sutton, G.L. Reeves,
and Robert H. Anderson, for Relator;
J.D. Gill and John B. Singeltary, for Respondent.
Filed: Dec. 20, 1937
Latest Update: Mar. 02, 2020
Summary: This is a case of original jurisdiction. On May 17, 1937, relator filed a petition for a writ of mandamus in this Court and alleged, among other things, that the Circuit Court of Sarasota County, on October 18, 1932, entered a final decree of divorce between Priscilla Willard and Frank H. Willard and therein awarded the custody of their two minor children during the school term to the mother, and to the father during the vacation period. He was required by the final decree to pay to his wife the
Summary: This is a case of original jurisdiction. On May 17, 1937, relator filed a petition for a writ of mandamus in this Court and alleged, among other things, that the Circuit Court of Sarasota County, on October 18, 1932, entered a final decree of divorce between Priscilla Willard and Frank H. Willard and therein awarded the custody of their two minor children during the school term to the mother, and to the father during the vacation period. He was required by the final decree to pay to his wife the ..
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A reading of the respondent Judge's answer shows that he entertained and heard relator's application and ruled upon the same. He may have been in error in his ruling that the former decree was final and he had no jurisdiction to change or modify it, but if so, the remedy was by appeal and not by mandamus. An appeal was taken and is pending here. I think the court below had the power to control the enforcement of its prior decree of May, 1932, under the principle laid down in Mr. Justice Whitfield's opinion in the recent case of Van Loon v. Van Loon, and that the chancellor erred in holding, as he apparently did, to the contrary.
