RONALD S. WITT, APPELLANT,
v.
VANESSA GOBEN, APPELLEE
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PER CURIAM.
Based upon the record evidence before the trial court when the order on appeal was entered, we find competent substantial evidence to support the findings of the trial court in establishing shared parental responsibility, with child’s primary residence with appellee. Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla. 1st DCA 1988)(“An appellate court will not consider evidence that was not presented to the lower tribunal because the function of an appellate court is to determine whether the lower tribunal committed error based on the issues and evidence before it.”); see generally Philip J. Padovano, Florida Appellate Practice, § 9.2 at p. 156 (2006 ed.)(“Appellate review is confined to the record of the proceedings in the lower tribunal.”); see also Clark v. Clark, 825 So. 2d 1016, 1018 (Fla. 1st DCA 2002)(recognizing that in making child custody determinations, trial court is confined to the record presented). Accordingly, we find no abuse of discretion, Dudley v. Dudley, 899 So. 2d 483, 484 (Fla. 1st DCA 2005)(holding our review of child custody decision is subject to deferential abuse of discretion standard of review), and affirm.
AFFIRMED.
BROWNING, C.J., BARFIELD, and VAN NORTWICK, concur.
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LoBELLO v. State Farm Fla. Ins. Co., 152 So. 3d 595 (Fla. 2d DCA 2014)…cutory rulings on the various motions for summary judgment that the parties had presented to it. “It is well established that a trial court may reconsider and modify interlocutory orders at any time until final judgment is entered.” Oliver v. Stone, 940 So. 2d 526, 529 (Fla. 2d DCA 2006) (citing Hunter v. Dennies Contracting Co., 693 So. 2d 615 (Fla. 2d DCA 1997)). “An order granting summary judgment is an interlocutory order, and a trial court has inherent authority to reconsider and modify its interlocutory…
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Smith v. Smith, 971 So. 2d 191 (Fla. 1st DCA 2007)…2d 829, 830-31 (Fla. 1st DCA 2000). Addressing the merits, we review the trial court’s award of shared parental responsibility for an abuse of discretion and look to see whether competent substantial evidence supports the award. See Witt v. Goben, 940 So. 2d 526 (Fla. 1st DCA 2006). The pertinent statute provides: “Shared parental responsibility” means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents co…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thornber v. City OF Fort Walton Beach, 534 So. 2d 754 (Fla. 1st DCA 1988)
- Clark v. Clark, 825 So. 2d 1016 (Fla. 1st DCA 2002)
- Payne v. State, 899 So. 2d 483 (Fla. 1st DCA 2005)