FUTCH, Associate Justice.
Nancy Favreau is ten years of age. She is the daughter of Francis Favreau and Barbara Favreau. Her father and mother were married and divorced in the State of Massachusetts. Custody of Nancy was awarded to the mother, Barbara Favreau. She, with the child, moved to Florida. In the year 1948 the mother married Oliver J. Browning. On or about April 2, 1952, the mother died. Since the death of the mother Nancy has been in the custody of her step-father, Oliver J. Browning. Browning, after the death of the mother, filed petition for adoption of Nancy.
Before the adoption proceedings could be completed the father, Francis Favreau, hastened to Florida and instituted this proceeding for the custody of the child. The lower Court awarded custody, after a speeded up hearing, to Francis Favreau, the appellee here. The lower Court refused to grant supersedeas and, on application made, this Court granted a stay of proceedings. More than two hundred pages of testimony are in the record and reflect a factual situation substantially the same as is outlined at great length in the case of Steets v. Gammarino, Fla., 59 So.2d 520.
In view of the similarity of the facts in the two cases we deem it unnecessary to outline in detail the facts here involved.
The decree appealed from is reversed on the authority of Steets v. Gammarino, supra, with instructions to dismiss the bill of complaint in this cause, but without prejudice to appellee to institute such proceedings in the future as he may be advised and to make such defense as he can and desires to make in the adoption proceedings now pending on petition of appellant for the adoption of the child, Nancy Favreau.
It is so ordered.
SEBRING, C.J., and TERRELL and ROBERTS, JJ., concur.