HARKNESS v. HARKNESS

No. 87-2139.

531 So.2d 749 (1988)

Delores HARKNESS, Appellant, v. Sammie L. HARKNESS, Appellee.

District Court of Appeal of Florida, Fifth District.

October 6, 1988.


Attorney(s) appearing for the Case

Patricia J. Hancock, Orlando, for appellant.

Sammie L. Harkness, in pro. per.


DAUKSCH, Judge.

This is an appeal from a marriage dissolution judgment. The issue on appeal concerns the award of custody of the children to the maternal grandmother. Because the pleadings do not seek an award of the children to the grandmother and because the grandmother was not a party to the lawsuit and because it was not alleged nor proved that the parents are unfit to share the parental responsibilities the court erred in giving custody of the children to the...

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