NOLA ANN JOHNSON, APPELLANT,
v.
WALTER W. JOHNSON, APPELLEE

Fla. 1st DCA | 1974-05-02
No. T-432
BOYER, Acting C. J., and DREW, E. HARRIS, (Retired) Associate Judge, concur.
293 So. 2d 770 Florida District Court of Appeal, First District (1974) Negative Treatment
Cited by 3 cases
Topics
Abuse Of Discretion (Standard Of Review) Abuse Of Discretion Standard Of Review

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Opinion of the Court
McCORD, Judge.

McCORD, Judge.

This appeal is from an order of the Circuit Court of Nassau County granting custody of the minor child of the parties to the husband pursuant to Section 61.13, Florida Statutes, F.S.A. We have considered the evidence, the transcript of testimony, the briefs and the oral arguments and find that no abuse of discretion by the trial court has been demonstrated. The decision of the trial judge is presumed correct where the evidence and witnesses were before him, and the appellant has the burden of demonstrating to this court that the order appealed is clearly erroneous. Green v. Green, 254 So. 2d 860 (Fla.App. 1st, 1971). There is substantial evidence in the record to support the findings of the trial judge.

Affirmed.

BOYER, Acting C. J., and DREW, E. HARRIS, (Retired) Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Young v. Young, 305 So. 2d 92 (Fla. 1st DCA 1974)
    …se findings the final judgment which had been theretofore entered was modified and the permanent care, custody and control of the minor children was awarded to the husband, ap-pellee. We affirm on authority of Johnson v. Johnson, Fla.App. 1st 1974, 293 So. 2d 770 [*94] and Dinkel v. Dinkel, Fla.App. 1st 1974, 305 So. 2d 90 and the cases therein cited. However, notwithstanding the appellant’s conduct which clearly gave rise to the modification proceedings and notwithstanding the entry of the order of modific…
  • Anne Lee Carricarte v. Carricarte, 314 So. 2d 820 (Fla. 3d DCA 1975)
    …PER CURIAM. Affirmed upon the basis of the rule stated in Johnson v. Johnson, Fla.App.1974, 293 So. 2d 770.…
  • Dykes v. Dykes, 395 So. 2d 188 (Fla. 5th DCA 1981)
    …e “tender years” doctrine, but in this case it found the scales balanced heavily in favor of the father. Normally the trial court’s conclusions in custody matters should not be disturbed. In Re Gregory, 313 So. 2d 735 (Fla.1975); Johnson v. Johnson, 293 So. 2d 770 (Fla. 1st DCA 1974). However the factors used by this trial court to weight the scales in the father’s favor are in my opinion insufficient. Early in the proceedings the trial court said the mother had been the more stable [*192] parent. But at the…

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