SERENA J. MONTGOMERY, APPELLANT,
v.
SAMUEL C. MONTGOMERY, APPELLEE

Fla. 2d DCA | 1959-03-20
No. 881
KANNER, C. J., SHANNON, J., and DREW, E. HARRIS, Associate Judge, concur.
110 So. 2d 39 Florida District Court of Appeal, Second District (1959) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The decree of the chancellor is hereby affirmed.

This order is without prejudice to the wife to apply to the chancellor for a reconsideration of the order hereby affirmed in the light of the contention that she has refrained from the use of alcohol since. December, 1956. If this fact is established to the chancellor’s satisfaction and if the mother in other respects is qualified to have the custody of said child, on reconsideration, he may desire to alter the custodial order in the light of present conditions and what is then to the best interest of the minor child.

KANNER, C. J., SHANNON, J., and DREW, E. HARRIS, Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • In the Interest of Dawn Elaine Brown, 246 So. 2d 166 (Fla. 3d DCA 1971)
    …for further proceedings in the trial court. Custody orders are, under ordinary conditions, temporary in nature and subject to change in the trial court upon proper petition and a showing of changed conditions. Montgomery v. Montgomery, Fla.App.1959, 110 So. 2d 39. In the present instance, it would be normal to return the cause to the trial court for the purpose of considering the cause without the use of prohibited evidence or to provide for the proper protection of the rights of the parties upon the introdu…
  • Serena J. Montgomery v. Montgomery, 142 So. 2d 326 (Fla. 2d DCA 1962)
    …ve custody. Subsequently in 1958 the Chancellor entered an order transferring permanent custody to the appellee and giving appellant custody on Saturdays and during the month of August. An appeal was taken from this order and was affirmed (Fla.App., 110 So. 2d 39) without prejudice to the wife to apply to the chancellor for a reconsideration. Such application was made and the Chancellor denied the modification. There is ample proof in the record to sustain the Chancellor’s findings, including the expressed…

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