SC10-164 – Erica Lynn Corey v. Michael James Corey

State: Florida

Docket No: SC10-164

Case Date: 10/21/2010

Preview:Supreme Court of Florida
____________ No. SC10-164 ____________ ERICA LYNN COREY, Petitioner, vs. MICHAEL JAMES COREY, Respondent. [October 21, 2010] PER CURIAM. We initially accepted jurisdiction to review the decision of the Third District Court of Appeal in Corey v. Corey, 29 So. 3d 315 (Fla. 3d DCA 2009), based on express and direct conflict with decisions of other district courts of appeal. The conflict issue under review is whether the Legislature's enactment of section 61.121, Florida Statutes, abrogated the judicial presumption against rotating custody.1 After further consideration of the issue involved, and in light of the Legislature's repeal of section 61.121 and substantial revision to section 61.13, 1. Section 61.121 was enacted on July 1, 1997, and provided that a court "may order rotating custody if the court finds that rotating custody will be in the best interest of the child." See ch. 97-242,

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