HALL HEALTH SERVICES, INC., A FLORIDA CORPORATION, AND HENRI HALL, M.D., APPELLANTS,
v.
RUDOLPH MOISE, M.D., APPELLEE

Fla. 3d DCA | 1997-05-21
No. 96-3593
Before FLETCHER, SHEVIN and SORONDO, JJ.
694 So. 2d 101 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon the Appellee’s proper confession of error we reverse the order of the trial court. Commonwealth Federal Savings and Loan Ass’n v. Tubero, 569 So. 2d 1271 (Fla.1990).

Reversed and remanded.


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  • Schiller A. Bazan, Jr. v. Gambone, 924 So. 2d 952 (Fla. 3d DCA 2006)
    …rement that the party seeking to modify custody satisfy the extraordinary burden set forth in the two-part test. To hold otherwise would render any rotating-custody scheme in a final judgment inherently unstable. Id. at 267; see Harpman v. Harpman, 694 So. 2d 101, 103 (Fla. 5th DCA 1997). As such, the existence of a joint custody agreement has no bearing on the application of the stringent two-prong test for modification. See Wade, 903 So. 2d at 934. In this case, while it is alleged that the former wife an…
  • Schiller A. Bazan, Jr. v. Gambone, 902 So. 2d 174 (Fla. 3d DCA 2005)
    …party seeking to modify custody satisfy the extraordinary burden set forth in the two-part test. To hold otherwise would render any rotating-custody scheme in a final judgment inherently unstable. Cooper, 854 So. 2d at 267; see Harpman v. Harpman, 694 So. 2d 101, 103 (Fla. 5th DCA 1997). As such, the existence of a joint custody agreement has no bearing on the application of the stringent two-prong test for modification. In this case, while it is alleged that the former wife and her mother would benefit fr…
  • Voorhies v. Sherrie Hodgins Voorhies, 705 So. 2d 1064 (Fla. 1st DCA 1998)
    …st DCA 1995); Holmes v. Greene, 649 So. 2d 302 (Fla. 1st DCA 1995). This is so even when the original order called for split or rotating custody, especially when such an arrangement appears to have been reasonably successful. See Harpman v. Harpman, 694 So. 2d 101 (Fla. 5th DCA 1997) (reversing modification of rotating custody where judge took judicial notice that such arrangements create an unsettled environment, and the only complaint was that the children would ask where they were scheduled to stay, a circ…

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