Whitehead v. Hewett

District Court of Appeal of Florida

Whitehead v. Hewett

380 So. 2d 492, 1980 Fla. App. LEXIS 16034

CourtDistrict Court of Appeal of Florida

DecidedFebruary 20, 1980

DocketNo. NN-345

StatusPublished

Cited by2 cases

This text of 380 So. 2d 492 (Whitehead v. Hewett) 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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Whitehead v. Hewett, 380 So. 2d 492, 1980 Fla. App. LEXIS 16034 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

Substantial competent evidence supports the trial court’s custody order. On the cross-appeal, we find the trial court acted within its discretion in denying attorney’s fees and in awarding visitation rights to the grandparents. The grandparents were the legal custodians of the child under a previous order of the Court, and this modification proceeding was initiated by the child’s father. Sections 61.16, 61.13(2)(b), Florida Statutes (1979). Contrast Shuler v. Shuler, 371 So.2d 588 (Fla. 1st DCA 1979).

The motion to quash the appeal is DENIED but the order appealed is affirmed.

ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.

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PER CURIAM.

Substantial competent evidence supports the trial court’s custody order. On the cross-appeal, we find the trial court acted within its discretion in denying attorney’s fees and in awarding visitation rights to the grandparents. The grandparents were the legal custodians of the child under a previous order of the Court, and this modification proceeding was initiated by the child’s father. Sections 61.16, 61.13(2)(b), Florida Statutes (1979). Contrast Shuler v. Shuler, 371 So.2d 588 (Fla. 1st DCA 1979).

The motion to quash the appeal is DENIED but the order appealed is affirmed.

ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.

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380 So. 2d 492, 1980 Fla. App. LEXIS 16034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-hewett-fladistctapp-1980.

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