JACK B. BRODY, APPELLANT,
v.
VERNA N. BRODY, APPELLEE
JACK B. BRODY, APPELLANT,
VERNA N. BRODY, APPELLEE
105 So. 2d 378
Florida District Court of Appeal, Second District (1958)
Positive Treatment
Cited by 8 cases
Opinion of the Court
This is an interlocutory appeal from the order of the chancellor denying modification of final decree of divorce as it concerned support allowance for a minor child. The contention is that the minor child had entered the military service of the United States and because of this, the support phase for him should be modified.
There was testimony offered by the respective parties before the chancellor but there is no record presented on it so that this court is not in a position to say just what actually transpired before the chancellor. Consequently, we must affirm the order of the chancellor, but we do so without prejudice. Motion for attorneys’ fee is denied.
KANNER, C. J., ALLEN, J., and DAYTON, ORVIL L., A. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brown v. Householder, 134 So. 2d 801 (Fla. 2d DCA 1961)…ct situations, the general rule is that the appellate court will not inquire into the sufficiency or insufficiency of the evidence to support a verdict or judgment when evidence is missing from the record-on-appeal. See Brody v. Brody, Fla.App.1958, 105 So. 2d 378; McClosky v. Martin, Fla.1951, 56 So. 2d 916; and Hall v. Davis, Fla.App.1958, 106 So. 2d 599. A judgment being appealed is normally accorded a presumption of cor [*804] rectness. This presumption is most often applied in cases in which part or all…
-
Hoffman v. Hoffman, 135 So. 2d 747 (Fla. 3d DCA 1961)…y while he is a cadet in the Air Force Academy, it would be open to her to show such need, if in fact it exists; and it was so indicated by a case decided in the second district, which was cited in the majority opinion, Brody v. Brody, Fla.App.1958, 105 So. 2d 378. The brief opinion in that case does not disclose the facts. It recites that the appeal is from an order denying a father’s petition to modify based on a minor’s entrance into military service, holds that because the testimony taken on the petition…1 / 2
-
PAN Am. Metal Prods. Co., Inc. v. Elton F. Healy, 138 So. 2d 96 (Fla. 3d DCA 1962)…ht to be reviewed is necessarily a mixed question of law and fact, failure to include the transcript is fatal. Under such circumstances the chancellor must be affirmed. McCloskey v. Martin, Fla.1951, 56 So. 2d 916, 918; Brody v. Brody, Fla.App.1958, 105 So. 2d 378; Hall v. Davis, Fla.App.1958, 106 So. 2d 599; Brown v. Householder, Fla.App.1961, 134 So. 2d 801. This is so because a decree being appealed is generally accorded a presumption of correctness. Stated differently, the burden is on the appellant to m…