In re Herrera

ON MOTION FOR REHEARING

In their motion for rehearing ap-pellees have cited five cases in support of their contention that this court erred in holding that third parties seeking the custody of a child never judicially determined to be out of a parent must overcome the rule that the parent’s right is presumptively superior, and our holding that the facts did not overcome such presumption. Each of the five cases is clearly distinguishable from ours.

The Mumma case heretofore cited involved a change of custody, which does not exist in our case and which involves different rules.

Scozzari v. Curtis,…