ROBERT EARL WHITEHEAD AND OPAL WHITEHEAD, APPELLANTS,
v.
HORACE C. HEWETT, APPELLEE
ROBERT EARL WHITEHEAD AND OPAL WHITEHEAD, APPELLANTS,
HORACE C. HEWETT, APPELLEE
380 So. 2d 492
Florida District Court of Appeal, First District (1980)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wishart v. Leslie M. Bates (Boggs), 531 So. 2d 955 (Fla. 1988)…So. 2d 977 (Fla. 2d DCA 1987), which directly and expressly conflicts with decisions of other district courts on the issue of granting visitation rights to grandparents. See Putnal v. Putnal, 392 So. 2d 613 (Fla. 5th DCA 1981); Whitehead v. Hewett, 380 So. 2d 492 (Fla. 1st DCA), dismissed, 385 So. 2d 761 (Fla.1980). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash that portion of the decision below which holds the trial court erred in granting visitation to the petitioners. The following facts…
-
Putnal v. Putnal, 392 So. 2d 613 (Fla. 5th DCA 1981)…luded granting visitation to the grandparents. This case is not like Shuler, since there was an action pending, initiated by a “contestant,” the father, at the time of the initial award of visitation to the grandparents. Compare Whitehead v. Hewett, 380 So. 2d 492 (Fla. 1st DCA 1980). We hold that it was not error to entertain a joint motion by the Lands, who had custody and who did have standing,2 and the grandparents, seeking a more specific order concerning grandparent visitation rights prior to entry of t…
Authorities Cited
- Shuler v. Shuler, 371 So. 2d 588 (Fla. 1st DCA 1979)