Walter L. Stone, Individually, and as Natural Guardian of S.P.S., a Minor v. Georgene Wall, Gina Wall Masterson, Brock Green, 188 F.3d 1293

PER CURIAM:

In this diversity suit, plaintiffs asserted a common law action for interference with a parent/child relationship or abduction. The United States District Court for the Southern District of Florida dismissed the claim pursuant to Fed. R. Civ. Pro. 12(b)(6), concluding that Florida recognized no claim for which relief could be granted on those grounds. We certified the question to the Supreme Court of Florida, see Stone v. Wall, 135 F.3d 1438, 1443 (11th Cir.1998), and asked:

Whether a cause of action exists for interference with the parent/child relationship where a third party (that is, a nonparent who has no custody rights over that child) intentionally abducts a minor child from a parent legally entitled to the child’s custody?

The Supreme Court of Florida has answered “Yes.” See Stone v. Wall, 734 So.2d 1038 (Fla.1999). Therefore, we VACATE the district court decision, dismissing this case for failure to state a claim upon which relief could be granted, and REMAND for further proceedings.

VACATED AND REMANDED.

Case Details

Case Name: Walter L. Stone, Individually, and as Natural Guardian of S.P.S., a Minor v. Georgene Wall, Gina Wall Masterson, Brock Green

Court Name: Court of Appeals for the Eleventh Circuit

Date Published: Sep 16, 1999

Citations: 188 F.3d 1293; 1999 U.S. App. LEXIS 22416; 1999 WL 721792; 96-4884

Docket Number: 96-4884

Court Abbreviation: 11th Cir.