UNITED STATES SUPREME COURT DECISIONS ON-LINE

WEBB V. WEBB, 451 U. S. 493 (1981)

451 U. S. 493

U.S. Supreme Court

Webb v. Webb, 451 U.S. 493 (1981)

Webb v. Webb

No. 79-6853

Argued March 23, 1981

Decided May 18, 1981

451 U.S. 493

Syllabus

This case involves a custody dispute between the mother (petitioner) and father (respondent) of a minor child. A Florida state court awarded custody to petitioner. In a subsequently filed action, a Georgia state court awarded custody to respondent, and the Georgia Supreme Court affirmed. Petitioner then filed a petition for certiorari in this Court, raising the question whether Art. IV, § 1, of the Federal Constitution required Georgia to give full faith and credit to the Florida decree, and certiorari was granted.

Held: Where the record discloses that petitioner failed to raise her federal claim in the Georgia courts and that the Georgia Supreme Court failed to rule on a federal issue, this Court is without jurisdiction to decide that issue, and accordingly the writ of certiorari is dismissed. Pp. 451 U. S. 494-502.

Certiorari dismissed. Reported below: 245 Ga. 650, 266 S.E.2d 463.

WHITE, J., delivered the opinion of the Court, in which BURGER, C.J.,and BRENNAN, STEWART, BLACKMUN, POWELL, REHNQUIST, and STEVENS, JJ., joined. POWELL, J., filed a concurring opinion, in which BRENNAN, J., joined, post, p. 451 U. S. 502. MARSHALL, J., filed an opinion dissenting in part, post, p. 451 U. S. 502.


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