Shook v. Peavy

MARTIN, Judge.

Defendants argue that the temporary custody order of 8 March 1974, should be vacated in that it overrules an earlier order by another district judge, made on 28 February 1974, pursuant to a petition by the Department of Social Services to declare Terry Wayne Peavy a neglected child.

In its 8 March order, the trial court found “That on February 28, 1974, the issue of whether custody should be awarded to plaintiffs was not litigated or heard.” Furthermore, the parties to this action stipulated that plaintiffs sought to introduce evidence at the 28 February hearing but the court…