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SCARPETTA v. DeMARTINO

No. 71-745.

254 So.2d 813 (1971)

Oiga SCARPETTA, Appellant, v. Nick F. DeMARTINO and Jean DeMartino, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 30, 1971.

Attorney(s) appearing for the Case

Rosenblatt & Roemer, P.A., Horton & Schwartz, Miami, Zalk, Rubel & Perret, New York City, for appellant.

Colson & Hicks, P.A., Podhurst, Orseck & Parks, P.A., Miami, and Jacob Fuchsberg, New York City, for appellees.

Before SWANN, C.J., and PEARSON and BARKDULL, JJ.

PER CURIAM.

Olga Scarpetta filed a petition for writ of habeas corpus against Nick F. and Jean DeMartino alleging they had illegal custody of her minor child, Lenore, and she prayed for custody of Lenore. Appropriate pleadings were filed and a hearing held. The parties appeared, testimony was taken, and the petition was thereafter denied. She has appealed.

This appears to be one of those tragic situations in which one of two innocent parties must suffer. We...

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