MARTHA JANE ADAMS, APPELLANT,
v.
DANIEL MARVIN ADAMS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Martha Jane Adams appealed a divorce decree that awarded her the divorce, child custody, child support, and alimony. The appellate court affirmed the trial court's awards for alimony and child support, as well as the limitation on taking the minor child out of state, finding no abuse of discretion by the trial judge.
The trial court did not abuse its discretion in any of these determinations. The alimony and child support awards are affirmed because the chancellor had substantial, credible evidence to support his conclusions. The six-week limitation on taking the child out of state is also affirmed, as no sufficient showing of abuse of discretion or changed circumstances warranting modification was demonstrated.
“if the chancellor had before him substantial, creditable evidence to support his conclusions in a discretion matter, the appellate court will not attempt to substitute its judgment for that of the chancellor.”
Establishes the standard of review requiring deference to trial court discretion in family law matters when supported by adequate evidence.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMartha Jane Adams and Daniel Marvin Adams were parties to a divorce proceeding. The trial court awarded Martha Jane Adams the divorce, custody of thei…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Modification Of Decree cases and more on FLexlaw
This is an appeal from a final decree awarding the appellant plaintiff a divorce, custody of the minor child of the parties and providing support for the child and alimony for the wife.
The first two questions on appeal involve the sufficiency of the amount of the award for (1) alimony and (2) child support. We will treat these two questions together.
First we wish to compliment counsel for the respective parties for the comprehensive briefs filed by each and the enlightening oral agruments presented by each.
Of necessity, these questions involve primarily factual situations, based upon the needs of the appellant and the child and the financial position and ability to pay of the appellee, defendant.
We have carefully considered the record in this case and while we, or another chancellor hearing the case originally, could have granted a larger award for alimony and child support under the circumstances of this case, without fear of reversal by an appellate court for abuse of the trial court’s discretion, we are in the case sub judice bound by the basic principles laid down by our courts heretofore, to the effect that if the chancellor had before him substantial, creditable evidence to support his conclusions in a discretion matter, the appellate court will not attempt to substitute its judgment for that of the chancellor. Also, in order for us to reverse the final decree on a question of fact, we must find and hold that the chancellor abused his discretion.1 And while in the case sub judice it might appear from the cold record before us that the chancellor was conservative, to say the least, in the amount of his awards, we do not feel that he has abused his discretion in the matter. He was in a better position to make an equitable and proper determination of what the decree should contain than we. Therefore, those portions of the order fixing the awards of alimony and child support are affirmed.
The third question on appeal involved here is the reasonableness of the final decree limiting the time within which the minor child may be taken out of the state to six weeks. There are sound arguments that have been made and can be made by both parties as to their respective contentions on this point, but we do not feel that the plaintiff has made a sufficient showing of abuse of discretion on the part of the chancellor, nor a sufficient need at this time, for a longer period of absence which of necessity also limits the appellee-defendant’s right of visitation. We feel that the chancellor has jurisdiction to make reasonable and necessary modifications of the decree affecting the welfare of the minor child, and certainly if a change in circumstances, such as the education facil*9ities for said child may necessitate a modification, including a modification of' the financial award to said child for her support and maintenance, hut at this time, no such showing has been made warranting this appellate court to reverse the chancellor in the exercise of his discretion in this particular.
The decree appealed from is therefore affirmed.
WIGGINTON, Chief Judge, and SPEC-TOR, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fla. E. Coast Ry. Co. v. City OF Miami, 299 So. 2d 152 (Fla. 3d DCA 1974)…unction which is now before this court upon appeal. We recognize the discretion vested in the trial court upon the entry of temporary injunctive orders. See Curtis Pools, Inc. v. Fulton, Fla.App.1959, 115 So. 2d 442; Sherrill v. Moye, Fla.App.1968, 207 So. 2d 7. Nevertheless, where such an order is entered without foundation in the pleading or without proof of the essential elements therefor, the order amounts to an abuse of discretion and will be reversed upon appeal. See Cramp v. Board of Public Instruct…
Authorities Cited
- Kirby v. Kirby, 111 So. 2d 299 (Fla. 1st DCA 1959)