VIRGINIA A. MCCORMICK, F/K/A VIRGINIA A. NORMAN, APPELLANT,
v.
DENNIS NORMAN, APPELLEE
VIRGINIA A. MCCORMICK, F/K/A VIRGINIA A. NORMAN, APPELLANT,
DENNIS NORMAN, APPELLEE
453 So. 2d 515
Florida District Court of Appeal, Second District (1984)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order enforcing an Ohio child custody modification decree but otherwise declining to exercise modification jurisdiction over this matter. See §§ 61.1328 and 61.133, Fla.Stat. (1981). We agree with the trial court’s conclusion that appellant should exhaust her legal remedy in the state of Ohio through disposition of her pending motion for rehearing and by possible appeal from any adverse ruling. See § 61.1314, Fla.Stat. (1981). Under the particular circumstances presented, appellant has failed to demonstrate reversible error, or a gross miscarriage of justice resulting from the manner in which the trial court reached its findings.
AFFIRMED.
BOARDMAN, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
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Fleming v. State, 456 So. 2d 1300 (Fla. 2d DCA 1984)…use there is nothing in Flor-ida Rule of Criminal Procedure 3.701 which says that factors used in scoring cannot also be considered to justify departure from the guidelines. See Smith v. State, 454 So. 2d 90 (Fla. 2d DCA 1984), and Hendrix v. State, 453 So. 2d 515 (Fla. 5th DCA 1984). Cf. Weems v. State, 451 So. 2d 1027 (Fla. 2d DCA 1984). By committing the dealing in stolen property and grand theft offenses while awaiting sentencing on the robbery charge, the defendant established a pattern of committing ne…
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DE LA Pena v. Torrone, 467 So. 2d 336 (Fla. 5th DCA 1985)…was subsequently quashed by the Florida Supreme Court (Mondy v. Mondy, 428 So. 2d 235 (Fla.1983)), the Third District Court recently receded from Trujillo in Nelson v. Nelson, 433 So. 2d 1015 (Fla. 3d DCA 1983), and, in view of McCormick v. Norman, 453 So. 2d 515 (Fla. 2d DCA 1984), it appears that the Second District no longer adheres to the view expressed in Moser. The court in Nelson recognized that decisions in Florida as well as in other states, including New York {see Priscilla S. v. Albert B., 102 Mis…
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Sommer v. Sommer, 508 So. 2d 773 (Fla. 5th DCA 1987)…So. 2d 1061 (Fla. 1st DCA 1985); Matter of Welfare of Mullins, 298 N.W. 2d 56 (Minn.1980); Barcus v. Barcus, 278 N.W. 2d 646 (Iowa 1979); In re McDonald, 74 Mich.App. 119, 253 N.W. 2d 678 (1977). . § 61.1328, Fla.Stat. (1985); McCormick v. Norman, 453 So. 2d 515 (Fla. 2d DCA 1984); Greene v. Greene, 432 So. 2d 62 (Fla. 3rd DCA 1983); see Matter of Adoption of K.C.P., 432 So. 2d 620 (Fla. 4th DCA 1983); Brown v. Tan, 395 So. 2d 1249 (Fla. 3rd DCA 1981); Tilden v. Locke, 383 So. 2d 976 (Fla. 3rd DCA 1980); Dr…