Montgomery v. Montgomery

District Court of Appeal of Florida

Montgomery v. Montgomery

142 So. 2d 326, 1962 Fla. App. LEXIS 3334

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1962

DocketNo. 2686

StatusPublished

Cited by1 cases

This text of 142 So. 2d 326 (Montgomery v. Montgomery) 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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Montgomery v. Montgomery, 142 So. 2d 326, 1962 Fla. App. LEXIS 3334 (Fla. Ct. App. 1962).

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Opinion

PER CURIAM.

This is an appeal from an order denying a petition for modification of an order awarding custody of a boy approximately 15 years of age to appellee-father. The Final Decree awarded the custody of the child to appellant mother except on Sundays, Holy Days and the month of August each year when appellee-father was to have custody. Subsequently in 1958 the Chancellor entered an order transferring permanent custody to the appellee and giving appellant custody on Saturdays and during the month of August. An appeal was taken from this order and was affirmed (Fla.App., 110 So.2d 39) without prejudice to the wife to apply to the chancellor for a reconsideration. Such application was made and the Chancellor denied the modification.

There is ample proof in the record to sustain the Chancellor’s findings, including the expressed preference of the boy himself. See Epperson v. Epperson (Fla.1958) 101 So.2d 367.

Affirmed.

ALLEN, Acting C. J., WHITE, J., and MAXWELL, OLIVER C, Associate Judge, concur.

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PER CURIAM.

This is an appeal from an order denying a petition for modification of an order awarding custody of a boy approximately 15 years of age to appellee-father. The Final Decree awarded the custody of the child to appellant mother except on Sundays, Holy Days and the month of August each year when appellee-father was to have custody. Subsequently in 1958 the Chancellor entered an order transferring permanent custody to the appellee and giving appellant custody on Saturdays and during the month of August. An appeal was taken from this order and was affirmed (Fla.App., 110 So.2d 39) without prejudice to the wife to apply to the chancellor for a reconsideration. Such application was made and the Chancellor denied the modification.

There is ample proof in the record to sustain the Chancellor’s findings, including the expressed preference of the boy himself. See Epperson v. Epperson (Fla.1958) 101 So.2d 367.

Affirmed.

ALLEN, Acting C. J., WHITE, J., and MAXWELL, OLIVER C, Associate Judge, concur.

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142 So. 2d 326, 1962 Fla. App. LEXIS 3334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-montgomery-fladistctapp-1962.

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