Lindsey v. Lindsey

District Court of Appeal of Florida

Lindsey v. Lindsey

200 So. 2d 643, 1967 Fla. App. LEXIS 4544

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 1967

DocketNo. 358

StatusPublished

This text of 200 So. 2d 643 (Lindsey v. Lindsey) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lindsey v. Lindsey, 200 So. 2d 643, 1967 Fla. App. LEXIS 4544 (Fla. Ct. App. 1967).

Pincite

Opinion

ANDREWS, Acting Chief Judge.

This is an appeal by the plaintiff, Carl Gene Lindsey, from a final order granting defendant Inez L. Lindsey’s counterclaim for custody of the couple’s minor children and denying his petition for custody.

The sole issue raised on appeal is the authority of the trial court to grant comity insofar as it awards custody of the children to an interlocutory decree of divorce entered in the Superior Court of the State of California. Morris v. Kridel, Fla.App.1965, 179 So.2d 130.

[644]*644An authenticated copy of the decree was attached to the answer of the defendant, Inez L. Lindsey. Fla.R.C.P. 1.130(b) 30 F.S.A. Even though the decree was not formally introduced into evidence, it was a part of the record and the court could take judicial notice thereof. Leatherman v. Alta Cliff Co., 1934, 114 Fla. 30S, 153 So. 845.

Accordingly, the decree of the trial court is affirmed.

CROSS, J., and WILLIAMS, 0. EDGAR, Jr., Associate Judge, concur.

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