ANNIE MAE ROBINSON AND WILLIE ROBINSON, HER HUSBAND, APPELLANTS,
v.
MAYME E. MONAHAN AND PAUL HAMERSMID, APPELLEES

Fla. 3d DCA | 1962-11-13
No. 62-178
Before PEARSON, TILLMAN, C. J., and HORTON and CARROLL, JJ.
146 So. 2d 397 Florida District Court of Appeal, Third District (1962) Caution
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial judge correctly directed a verdict for the appellees because the evidence ■conclusively shows that the act of another constituted an independent, intervening, efficient cause of the accident which was not reasonably foreseeable. See Rawls v. Ziegler, Fla. 1958, 107 So.2d 601; Lingefelt v. Hanner, Fla.App.1960, 125 So.2d 325.

Affirmed.


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Citator

Cited By (22 total)

  • Ritsi v. Ritsi, 160 So. 2d 159 (Fla. 3d DCA 1964)
    …court when the final decree was entered. We are inclined to agree with the chancellor that the extensive visitation provided for in the decree may amount to “divided custody,” which is not considered a good policy. Rudolph v. Rudolph, Fla.App. 1962, 146 So. 2d 397. But the remedy for that, if one is needed, is to reduce the visitation rather than to change the custody. Accordingly the order of September 23, 1963 is affirmed wherein it discharges the rule to show cause against the respondent relating to failu…
  • Bienvenu v. Bienvenu, 380 So. 2d 1164 (Fla. 3d DCA 1980)
    …ituation confronting the children during each successive period of custody and at and after each exchange would be rendered even more distressing by the fact that their mother and father are so mutually antagonistic. Moreover, in Rudolph v. Rudolph, 146 So. 2d 397 (Fla. 3d DCA 1962), this court made it very clear that, contrary to the judgment below, these considerations may not be overridden by a concern, however well-intended, that justice be done to the parents. At 146 So. 2d 399, we said: There is no dou…
  • Gerscovich v. Eugenio Alberto Gerscovich, 406 So. 2d 1150 (Fla. 5th DCA 1981)
    …ain applied to invalidate rotating of custody every six months in Wonsetler v. Wonsetler, 240 So. 2d 870 (Fla.2d DCA 1970). Custody of a two year old child to the father on weekends arid to the mother on weekdays was reversed in Rudolph v. Rudolph, 146 So. 2d 397 (Fla.3d DCA 1962). The court reiterated the time honored rule that “it is not the rights of the parties which are of paramount importance, but the best interests of the minor.” Id. at 399. The court further pointed out: Divided custody which involv…

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