JO ANN C. ALEXANDER, APPELLANT/CROSS-APPELLEE,
v.
WILLIAM A. ALEXANDER, III, APPELLEE/CROSS-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the trial court's decisions regarding custody, expert testimony, and special equity claims due to conflicting evidence and proper judicial discretion.
The trial court heard conflicting evidence on multiple issues, including custody of a child and a claim of special equity in a home titled in the wife…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Reliability Of Expert Testimony cases and more on FLexlaw
PER CURIAM.
While there are serious issues raised below and on this appeal, the evidence before the trial court was conflicting on nearly every issue. The trial judge, of necessity, was required to accept some evidence and testimony and reject other. We are certainly in no position to, nor do we desire to, second-guess the trial judge.
We also conclude that the trial judge acted within his discretion in rejecting some proffered expert testimony as being not properly reliable. He properly rejected other testimony as being hearsay.
The trial judge divided the residential custody of the parties’ two-year-old daughter six months with each party until the child reaches school age. We feel that the expert testimony received on the subject of the child’s custody properly supported the special circumstances contemplated in Wonsetler v. Wonsetler, 240 So. 2d 870 (Fla. 2d DCA 1970).
In regard to appellee’s cross-appeal, we determine that there was sufficient evidence to support the denial of the husband’s claimed special equity in the home the parties occupied during their marriage. The home was titled in the wife’s name and was acquired by her prior to the parties’ marriage.
Affirmed.
RYDER, C.J., and DANAHY and CAMPBELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Langford v. Ortiz, 654 So. 2d 1237 (Fla. 2d DCA 1995)…mature, Bienvenu v. Bienvenu, 380 So. 2d 1164 (Fla. 3d DCA 1980); Gerscovich v. Gerscovich, 406 So. 2d 1150 (Fla. 5th DCA 1981); (2) that the child was not yet in school, Parker v. Parker, 553 So. 2d 309 (Fla. 1st DCA 1989); Alexander v. Alexander, 473 So. 2d 236 (Fla. 2d DCA 1985); Wilking v. Reiford, 582 So. 2d 717 (Fla. 5th DCA 1991); (3) that the parents lived near each other, Gerscovich; Parker; Bienvenu; (4) that the child preferred rotating custody, Gerscovich; (5) that rotation would not have a disi’…
-
Parker v. Reonna T. Parker, 553 So. 2d 309 (Fla. 1st DCA 1989)…n the Interest of 531 So. 2d 228 (Fla. 1st DCA 1988). “However, the best interest of the children is still the polestar and there may be special circumstances in individual cases which may justify rotating physical residence. Alexander v. Alexander, 473 So. 2d 236 (Fla. 2d DCA 1985); Gerscovich v. Gerscovich, 406 So. 2d 1150 (Fla. 5th DCA 1981).” 531 So. 2d at 231. Gerscovich outlined factors which courts have considered important in determining whether rotating custody is favorable to the children. Among th…
-
Bainbridge v. Pratt, 68 So. 3d 310 (Fla. 1st DCA 2011)…r and mature, Bienvenu v. Bienvenu, 380 So. 2d 1164 (Fla. 3d DCA 1980); Gerscovich v. Gerscovich, 406 So. 2d 1150 (Fla. 5th DCA 1981); (2) the child was not yet in school, Parker v. Parker, 553 So. 2d 309 (Fla. 1st DCA 1989); Alexander v. Alexander, 473 So. 2d 236 (Fla. 2d DCA 1985); Wilking v. Reiford, 582 So. 2d 717 (Fla. 5th DCA 1991); (3) the parents lived near each other, Gerscovich; Parker; Bienvenu; (4) the child preferred rotating custody, Gerscovich; (5) the rotation would not have a disruptive effec…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Fla. Nat'l Bank OF Jacksonville v. Bisson, 240 So. 2d 870 (Fla. 1st DCA 1970)