RUTH GIBSON JOBE, APPELLANT,
v.
JACKSON MALCOLM JOBE, APPELLEE

Fla. 1st DCA | 1967-10-05
No. I-417
WIGGINTON, C. J., and JOHNSON and SPECTOR, JJ., concur.
202 So. 2d 791 Florida District Court of Appeal, First District (1967) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court affirmed a lower court's decision awarding custody of a child to the father in a divorce case, finding sufficient evidence supported the decision and that the lower court did not abuse its discretion.


Holding

Yes, there was sufficient competent evidence to support the trial court's award of custody to the father.


Key Quotes

“A party seeking to reverse a custody order has the burden of establishing that it is unreasonable or that the Chancellor abused his discretion in determining the matter.”

This quote establishes the legal standard for appealing a custody decision, placing a significant burden on the appellant.

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Facts & Procedural History

In a divorce proceeding, the trial court awarded custody of the parties' four-year-old son to the father. The mother appealed this custody award, chal…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from that portion of a final decree in a divorce case which awarded custody of the parties’ four-year-old son to the father. The only question which was raised for our consideration by the appellant was the sufficiency of the evidence supporting the Chancellor’s award of custody.

A careful review of the record on appeal, the briefs, and arguments herein indicates that there was sufficient competent evidence presented to the Chancellor to uphold the granting of custody to the.father. A party seeking to reverse a custody order has the burden of establishing that it is unreasonable or that the Chancellor abused his discretion in determining the matter. Dworkis v. Dworkis, (Fla.App.3d 1959) 111 So.2d 70, 72 A.L.R.2d 1189; Borden v. Borden, (Fla.App.3d 1966) 193 So.2d 15.

Affirmed.

WIGGINTON, C. J., and JOHNSON and SPECTOR, JJ., concur.


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Citator

Cited By

  • Rolison v. State, 210 So. 2d 225 (Fla. 1968)
    …Certiorari denied without opinion. 202 So. 2d 791.…

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