Walter L. Stone, Individually, and as Natural Guardian of S.P.S., a Minor v. Georgene Wall, Gina Wall Masterson, Brock Green
Cases that cite this one
1 later published case cites this decision.
- Coward v. Wellmont Health System (Va. 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
In this diversity suit, plaintiffs asserted a common law action for interference with a parent/child relationship or abduction. The United States District Court for the Southern District of Florida dismissed the claim pursuant to Fed. R. Civ. Pro. 12(b)(6), concluding that Florida recognized no claim for which relief could be granted on those grounds. We certified the question to the Supreme Court of Florida, see Stone v. Wall, 135 F.3d 1438, 1443 (11th Cir. 1998), and asked:
Whether a cause of action exists for interference with the parent/child relationship where a third party (that is, a nonparent who has no custody rights over that child) intentionally abducts a minor child from a parent legally entitled to the child’s custody?
The Supreme Court of Florida has answered “Yes.” See Stone v. Wall, 734 So.2d 1038 (Fla. 1999). Therefore, we VACATE the district court decision, dismissing this case for failure to state a claim upon which relief could be granted, and REMAND for further proceedings.
VACATED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.