STEPHEN GEORGE FRYE, APPELLANT,
v.
MICHELE LEE FRYE, APPELLEE

Fla. 1st DCA | 2005-02-22
No. 1D04-2367
WOLF, C.J., KAHN AND POLSTON, JJ., concur.
896 So. 2d 836 Florida District Court of Appeal, First District (2005) Negative Treatment
Cited by 20 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Stephen Frye appeals the Final Judgment of Modification entered by the trial court changing the primary residence of the parties’ minor children. Because appellee has neither alleged nor demonstrated through proof the requisite elements for a change of their minor sons’ custody, we reverse. See Zediker v. Zediker, 444 So. 2d 1034 (Fla. 1st DCA 1984). Accordingly, the Final Judgment of Modification is REVERSED and VACATED to the extent it pertains to the minor sons, including changes to their custody and support payments.

WOLF, C.J., KAHN AND POLSTON, JJ., concur.


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  • Citizens Prop. Ins. Corp. v. Scylla Props., 946 So. 2d 1179 (Fla. 1st DCA 2006)
    …the court or by agreement of the parties.”); Cunningham v. Standard Guar. Ins. Co., 630 So. 2d 179, 181 (Fla.1994) (“We acknowledge that the parties cannot stipulate to jurisdiction over the subject matter where none exists.... ”); Aponte v. State, 896 So. 2d 836, 837-38 (Fla. 1st DCA 2005) (reversing an order of a trial court which lacked jurisdiction to enter the order, even though the issue had not been raised to the trial court); Harrell v. State, 721 So. 2d 1185, 1187 (Fla. 5th D.CA 1998) (stating that…
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