STATE OF FLORIDA, APPELLANT,
v.
SANTOS JOHN MONFRE A/K/A "FAT JOHN," APPELLEE
STATE OF FLORIDA, APPELLANT,
SANTOS JOHN MONFRE A/K/A "FAT JOHN," APPELLEE
435 So. 2d 941
Florida District Court of Appeal, Fourth District (1983)
Caution
Cited by 16 cases
Opinion of the Court
PER CURIAM.
Reversed on the authority of State v. Alfonso, 433 So. 2d 1357 (Fla. 4th DCA 1983).
REVERSED and REMANDED.
HURLEY and DELL, JJ., concur. ANSTEAD, C.J., dissents with opinion.
Dissent
ANSTEAD, Chief Judge,
dissenting:
I would uphold the trial court’s ruling on the authority of State v. Hilliard, 409 So. 2d 211 (Fla. 4th DCA 1982).
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Matilla v. Matilla, 474 So. 2d 306 (Fla. 3d DCA 1985)…wished to remain in Florida, the trial judge erred in permitting the mother to return, as she wished, to Michigan with the child. We find no abuse of discretion in this ruling. Anderson v. Anderson, 461 So. 2d 130 (Fla. 3d DCA 1984); Simon v. Simon, 435 So. 2d 941 (Fla. [*307] 4th DCA 1983); Hale v. Hale, 12 Mass. App. 812, 429 N.E. 2d 340 (1981), and cases cited; Grothendick v. Grothendick, 175 Neb. 726, 123 N.W. 2d 646 (1963); cf. McIntyre v. McIntyre, 452 So. 2d 14 (Fla. 1st DCA 1984); but cf. Costa v. Cos…
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Wells v. Hilton Wells, 501 So. 2d 700 (Fla. 2d DCA 1987)…of the children. While we are ever mindful of the broad discretion afforded trial courts in making these determinations, see Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Anderson v. Anderson, 461 So. 2d 130 (Fla. 3d DCA 1984); Simon v. Simon, 435 So. 2d 941 (Fla. 4th DCA 1983), we hold she should not be forced to forego these ambitions in order to maintain custody of the children. The competent, substantial evidence reveals that the wife and her fiance are willing to see to it that the former husband…
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Kantor v. Kantor, 545 So. 2d 1378 (Fla. 4th DCA 1989)…ly. The principles' of law contained in existing precedent completely support the trial judge’s well-considered and sensitive decision to restrict the relocation in this case. See DeCamp v. Hein, 541 So. 2d 708 (Fla. 4th DCA 1989); Simon v. Simon, 435 So. 2d 941 (Fla. 4th DCA 1983); Costa v. Costa, 429 So. 2d 1249 (Fla. 4th DCA 1983); Matilla v. Matilla, 474 So. 2d 306 (Fla. 3d DCA 1985). DeCamp and Matilla both adopt the relocation test of D’Onofrio v. D’Onofrio, 144 N.J.Super. 200, 365 A. 2d 27, aff'd, 14…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hilliard, 409 So. 2d 211 (Fla. 4th DCA 1982)
- State v. Eladio Alfonso, 433 So. 2d 1357 (Fla. 4th DCA 1983)