United States Supreme Court Cases & Opinions

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.