Florida District Courts of Appeal, 1986

Clement v. Mandel

Clement v. Mandel
Florida District Courts of Appeal · Decided April 15, 1986 · Baskin, Ferguson, Genson, Jor
486 So. 2d 690; 11 Fla. L. Weekly 883; 1986 Fla. App. LEXIS 7328 (Southern Reporter, Second Series)

Clement v. Mandel

Opinion of the Court

PER CURIAM.

' We agree with the appellant that the trial court erred in denying, on the basis of laches, Robert Clement’s petition to be determined the lawful heir of Felix S. Solomon. See Sheffield v. Barry, 153 Fla. 144, 14 So.2d 417 (1943). The judgment denying Clement’s petition is, accordingly, reversed. On remand, we direct the trial court to consider the other issues raised below which it declined to address, including the effect of the Michigan probate court’s vacation of an adoption order entered in 1933. In so doing, the court shall be guided by the principles established in Mott v. First National Bank of St. Petersburg, 98 Fla. 444, 124 So. 36 (1929). See also In re *691Estate of O’Dea, 29 Cal.App.3d 759, 105 Cal.Rptr. 756 (1973).

Reversed and remanded with directions.

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