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WHEELER v. WHEELER

Nos. 79-424, 79-554 and 79-438.

383 So.2d 655 (1980)

John L. WHEELER, Sr. and Aileen Wheeler, Appellants, v. Wanda M. WHEELER and John L. Wheeler, Jr., Appellees. John L. WHEELER, Jr., Appellant, v. Wanda M. WHEELER, John L. Wheeler, Sr., and Aileen Wheeler, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 21, 1980.

Attorney(s) appearing for the Case

Lyman T. Fletcher of Fletcher & Fletcher, Jacksonville, for John L. Wheeler, Sr., Aileen Wheeler, and John L. Wheeler, Jr.

Wayne O. Smith of Wallace & Smith, and Leonard Lubin, St. Petersburg, for Wanda M. Wheeler.

BOARDMAN, Judge.

Appellee Wanda M. Wheeler, the mother of the minor child involved here, filed a petition in the Pinellas County circuit court seeking custody of the child. Defendants/appellants John L. Wheeler, Jr., (the child's father), John L. Wheeler, Sr., and Aileen Wheeler (the paternal grandparents) moved to dismiss the complaint for lack of subject matter jurisdiction. We hold that the trial court erred in denying that motion, and we reverse.

The child...

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