Adoption of Sheffield ex rel. Barron v. State Department of Public Welfare

Florida District Courts of Appeal
Adoption of Sheffield ex rel. Barron v. State Department of Public Welfare, 231 So. 2d 853 (1970)
1970 Fla. App. LEXIS 6960
Liles, McNulty, Pierce

Adoption of Sheffield ex rel. Barron v. State Department of Public Welfare

Opinion of the Court

LILES, Acting Chief Judge.

Petitioners, appellants here, sought to adopt two minor children. The trial judge consolidated and then denied both petitions. Petitioners appeal and the cases have been consolidated here.

We are not asked to construe Rule 1.-420(a) (1) (i), FRCP, 1968 Revision, 30 F.S.A., but only the word “submission” contained therein. This Rule provides:

“ * * * an action may be dismissed * * * before submission of a nonjury case to the court for decision, * *

Following the second of three hearings, the judge ordered petitioners to bring in the school teachers of one child sought to be adopted together with the school teachers of petitioners’ children and one Moloca Lynn Barron, which petitioners failed to do.

At the third hearing in this cause and before the court handed down its opinion, appellants moved for a voluntary dismissal. We believe the motion was untimely as it *854was made after the case was submitted within the Rule and that therefore the trial judge was correct in denying the motion.

We do not pass on the merits of the final judgment since it has not been put in issue.

For the foregoing reasons we affirm.

PIERCE and McNULTY, JJ., concur.

Reference

Full Case Name
In re ADOPTION of Helen Ramona SHEFFIELD, a minor, by Melvin Barron and wife, Lyverta Barron v. STATE DEPARTMENT OF PUBLIC WELFARE, In re ADOPTION of Cleveland Earl SIZEMORE, a minor, by Melvin Barron and wife, Lyverta Barron v. STATE DEPARTMENT OF PUBLIC WELFARE
Cited By
2 cases
Status
Published