LINDA BASFORD CLEM, NOW LINDA BASFORD MCKERLIE, APPELLANT,
v.
RICHARD E. CLEM ET AL., APPELLEES
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The appellate court affirmed the trial court's custody award, finding substantial evidence supported the decision and no abuse of discretion.
The plaintiff and defendant both sought divorce and custody of their child. The trial court granted the divorce and awarded custody to the plaintiff.…
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The appellee, plaintiff in the lower court, brought a suit for divorce against the appellant, defendant in the lower court, praying for a divorce and for custody of the minor child of the parties. The defendant filed an answer and counterclaim also seeking a divorce and custody of the minor child.
The lower court rendered its judgment of divorce for the plaintiff and awarded custody of the minor child to the plaintiff.
The defendant filed a petition for rehearing and upon the court’s order denying said petition, appeal was taken to this court.
The points raised on appeal relate solely to the question of the sufficiency of the evidence to support awarding the custody of the minor child to the plaintiff.
This is a rather typical divorce suit in which the testimony is conflicting. However, the record reveals that there is substantial evidence to support the findings of the trial court. The appellate court will not substitute its judgment for that of the trier of the facts unless there be a clear and *790unmistakable showing of the abuse of judicial discretion and that the conclusions reached are erroneous. Grant v. Corbitt, Fla.1957, 95 So.2d 25; Rudolph v. Rudolph, Fla.App.1962, 146 So.2d 397; Harrison v. Harrison, Fla.App. 1964, 165 So.2d 235.
The evidence sustains the findings of fact and conclusions of the law that the custody of the minor child should be with the plaintiff, and the appellant has failed to show that the trial court’s action constituted an abuse of discretion. The judgment appealed should be and is affirmed.
REED and OWEN, JJ., concur.
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Helman v. Seaboard Coast Line R.R. Co. & William A. Cagle, 349 So. 2d 1187 (Fla. 1977)…st DCA 1974); Imperial Lumber Co., Inc. v. James Knowles, Inc., 267 So. 2d 53 (Fla. 2d DCA 1972); Becklin v. Travelers Indemnity Co., 263 So. 2d 629 (Fla. 1st DCA 1972); City of Jacksonville v. Mack, 260 So. 2d 542 (Fla. 1st DCA 1972); Clem v. Clem, 215 So. 2d 789 (Fla. 4th DCA 1968). Second, if there is any competent evidence to support a verdict, that verdict must be sustained regardless of the District Court’s opinion as to its appropriateness. Herzog v. Herzog, supra; Greenwood v. Oates, 251 So. 2d 665 (F…
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Horatio Enters., Inc. v. Rabin, 614 So. 2d 555 (Fla. 3d DCA 1993)…st DCA 1974); Imperial Lumber Co., Inc. v. James Knowles, Inc., 267 So. 2d 53 (Fla. 2d DCA 1972); Becklin v. Travelers Indemnity Co., 263 So. 2d 629 (Fla. 1st DCA 1972); City of Jacksonville v. Mack, 260 So. 2d 542 (Fla. 1st DCA 1972); Clem v. Clem, 215 So. 2d 789 (Fla. 4th DCA 1968). Second, if there is any competent evidence to support a verdict, that verdict must be sustained regardless of the District Court’s opinion as to its appropriateness. Herzog v. Herzog, supra; Greenwood v. Oates, 251 So. 2d 665 (F…
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Cunningham Drug Stores v. Pentland, 243 So. 2d 169 (Fla. 4th DCA 1970)…An appellate court will not substitute its judgment for that of the trier of the facts unless there be a clear and unmistakable showing of the abuse of judicial discretion and that the conclusions reached are erroneous. Clem v. Clem, Fla.App.1968, 215 So. 2d 789; Goldfarb v. Robertson, Fla. 1955, 82 So. 2d 504; Edwards v. Doherty, Fla.1954, 74 So. 2d 686. It is not the function of this court to retry the case here if we find that the conclusions of the trier of fact are supported by competent evidence. Ames…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Beulah Grant v. Corbitt, 95 So. 2d 25 (Fla. 1957)
- Robinson v. Mayme E. Monahan and Paul Hamersmid, 146 So. 2d 397 (Fla. 3d DCA 1962)
- Hanna Iris Rudolph v. Rudolph, 146 So. 2d 397 (Fla. 3d DCA 1962)
- Richard v. Harrison, 165 So. 2d 235 (Fla. 2d DCA 1964)