ELIZABETH B. GERNER, APPELLANT,
v.
DAVID R. GERNER, APPELLEE

Fla. 3d DCA | 1988-08-09
No. 88-889
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
529 So. 2d 1226 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 14 cases
Topics
Best Interests Of The Children Visitation Rights Contempt Of Court

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Opinion of the Court
FERGUSON, Judge.

FERGUSON, Judge.

We reverse an order of the court, entered on a general master’s finding, which changes the primary custody of three minor children from the mother to a split-custody arrangement between feuding parents. The evidence does not overcome the strong presumption that rotating the primary physical residence of children is not in their best interests. Frey v. Wagner, 433 So. 2d 60 (Fla. 3d DCA 1983). See also Hurst v. Hurst, 158 Fla. 43, 27 So. 2d 749 (1946); Scott v. Scott, 401 So. 2d 879 (Fla. 3d DCA 1981); Bienvenu v. Bienvenu, 380 So. 2d 1164 (Fla. 3d DCA 1980); Peterseil v. Peterseil, 307 So. 2d 498 (Fla. 3d DCA 1975).

The case is remanded for the purpose of reinstating the custody provisions of the final judgment. On remand the trial court is directed to clarify the parties’ rights and obligations under the final judgment with respect to visitation. The remedy for violation of those provisions is to hold the errant party in contempt.

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (14 total)

  • Abelardo Arafet v. State, 595 So. 2d 100 (Fla. 3d DCA 1992)
    …PER CURIAM. Affirmed. Davis v. State, 520 So. 2d 572 (Fla.1988); Vela v. State, 547 So. 2d 242, 243 (Fla. 3d DCA 1989); State v. Smith, 529 So. 2d 1226 (Fla. 3d DCA 1988); Alzate v. State, 466 So. 2d 331 (Fla. 3d DCA 1985).…
  • State v. Scott, 641 So. 2d 517 (Fla. 3d DCA 1994)
    …ourt’s factual findings can only be reversed if they are ‘clearly shown to be without basis in the evidence or predicated upon an incorrect application of the law.’ ” Alexander v. State, 603 So. 2d 658, 659 (Fla. 3d DCA 1992) (citing State v. Smith, 529 So. 2d 1226 (Fla. 3d DCA 1988)). Here, the trial court made the following findings of fact concerning the BOLO: “[T]his court finds that the anonymous tip which led to the issuance of the BOLO herein was that there was a black male prowling through houses in t…
  • State v. Deen, 625 So. 2d 968 (Fla. 5th DCA 1993)
    …ewis. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); State v. Smith, 529 So. 2d 1226 (Fla. 3d DCA 1988); State v. Boulia, 522 So. 2d 528 (Fla. 2d DCA 1988). The record also shows that Deen failed to demonstrate that he had a legitimate expectation of privacy in the car in which he was a mere passenger. See State v. Fontana, 566 So.…

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