VICTOR L. COOK, APPELLANT,
v.
SUZANNE H. COOK, APPELLEE

Fla. 4th DCA | 1990-03-22
No. 89-0489
STONE, WARNER and POLEN, JJ., concur.
558 So. 2d 1084 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the order of the trial court modifying custody. The appellant has failed to demonstrate an abuse of discretion. Notwithstanding appellee’s heavy burden, there is sufficient evidence in the record to support the court’s findings, both as to the best interests of the children and a substantial change in circumstances. The award of attorney’s fees is also affirmed.

STONE, WARNER and POLEN, JJ., concur.


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    …ion. We also find no error as to the other issue raised that the state’s amendment of the delinquency petition prior to trial was not timely. That issue has not been preserved for appeal. Castor v. State, 365 So. 2d 701 (Fla.1978); R.F.R. v. State, 558 So. 2d 1084 (Fla. 1st DCA 1990). Further, that issue cannot be resolved on this record: former section 39.048(6), Florida Statutes, required that a petition be filed within 45 days of a juvenile being taken into custody, but we cannot determine here precisely w…
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    …, e.g., State v. Rodriguez-Acosta, 561 So. 2d 531 (Fla.1990) (statutory right to trial by twelve-person jury validly waived, and trial by six-person jury substituted therefor in exchange for the state’s waiver of the death penalty); R.F.R. v. State, 558 So. 2d 1084 (Fla. 1st DCA 1990) (juvenile waived right to dismiss a petition for delinquency filed more than forty-five days after he was taken into custody in violation of Section 39.05(6), Florida Statutes (1987)); Jordan v. State, 561 So. 2d 16 (Fla. 2d DCA…
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