Miller v. Miller

District Court of Appeal of Florida

Miller v. Miller

342 So. 2d 85, 1976 Fla. App. LEXIS 16167

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1976

DocketNo. BB-395

StatusPublished

Cited by4 cases

This text of 342 So. 2d 85 (Miller v. Miller) 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.

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Miller v. Miller, 342 So. 2d 85, 1976 Fla. App. LEXIS 16167 (Fla. Ct. App. 1976).

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Opinions

BOYER, Chief Judge.

Appellant seeks review of that portion of a final judgment in a dissolution of marriage action which awarded custody of the [86]*86two minor children of the parties to appel-lee. Our examination of the record reveals evidence upon which the trial judge could have awarded custody to either parent or to neither. Although we may well have arrived at a different conclusion, it is not our prerogative to substitute our opinion for that of the trial judge if there is competent evidence in the record to sustain his determination. (Please see Dinkel v. Dinkel, Sup.Ct.Fla.1975, 322 So.2d 22 and Spradley v. Spradley, Sup.Ct.Fla.1976, 335 So.2d 822)

Appellant’s petition for award of attorney’s fees incident to this appeal is denied.

AFFIRMED.

MILLS, J., concurs. McCORD, J., dissents.

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BOYER, Chief Judge.

Appellant seeks review of that portion of a final judgment in a dissolution of marriage action which awarded custody of the [86]*86two minor children of the parties to appel-lee. Our examination of the record reveals evidence upon which the trial judge could have awarded custody to either parent or to neither. Although we may well have arrived at a different conclusion, it is not our prerogative to substitute our opinion for that of the trial judge if there is competent evidence in the record to sustain his determination. (Please see Dinkel v. Dinkel, Sup.Ct.Fla.1975, 322 So.2d 22 and Spradley v. Spradley, Sup.Ct.Fla.1976, 335 So.2d 822)

Appellant’s petition for award of attorney’s fees incident to this appeal is denied.

AFFIRMED.

MILLS, J., concurs. McCORD, J., dissents.

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342 So. 2d 85, 1976 Fla. App. LEXIS 16167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-miller-fladistctapp-1976.

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