Fieldiing v. Highsmith

SEBRING, J.:

On August 17, 1942, the appellee, Dan Highsmith, instituted a habeas corpus proceeding against appellants to recover custody of his minor daughter, Johnnie Lou. The petition attacks the validity of a proceeding brought in the Circuit Court of Hillsborough County by Libby Rush Fielding —then Libby Rush — for the adoption of his minor daughter, on the ground that the order of adoption was entered without notice to him. On final hearing in the habeas corpus proceeding the trial court found that the father was a fit and proper person and awarded him the custody of the child. There was…