EDWARD ROBSON DUBOCQ, APPELLANT,
v.
JOYCE ELLEN DUBOCQ, APPELLEE
EDWARD ROBSON DUBOCQ, APPELLANT,
JOYCE ELLEN DUBOCQ, APPELLEE
338 So. 2d 67
Florida District Court of Appeal, Third District (1976)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant seeks review of a final judgment of dissolution of marriage. He raises several points on appeal, none of which we find to have merit except that the trial court conditioned his temporary custody of the minor children as follows:
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“ * * * Said temporary custody shall be terminated upon the Husband’s failure to comply with each and every provision of this Final Judgment of Dissolution.”
* * * * *
We find this provision to be error and modify said final judgment of dissolution by striking said provision. Howard v. Howard, 143 So. 2d 502 (Fla. 3rd DCA 1962); Chaffin v. Grigsby, 293 So. 2d 404 (Fla. 4th DCA 1974). In all other respects the final judgment is affirmed.
Affirmed as modified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nury Agudo v. Marcelo Agudo, 411 So. 2d 249 (Fla. 3d DCA 1982)…anging the custody of a child is not a device to be used to obtain compliance with other court orders. See Doran v. Doran, 212 So. 2d 100 (Fla. 4th DCA 1968); State ex rel. Fox v. Webster, 151 So. 2d 14 (Fla. 3d DCA 1963); see also Dubocq v. Dubocq, 338 So. 2d 67 (Fla. 3d DCA 1976). . This same concern was expressed by Mr. Agudo prior to the entry of the court’s order in October placing the child with Mrs. Agudo. By the time of the November hearing, the yard was fenced and the exits from the house to the po…
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Olson v. Olson, 398 So. 2d 491 (Fla. 3d DCA 1981)…position of this condition precedent is impermissible. Chaffin v. Grigsby, 293 So. 2d 404 (Fla. 4th DCA 1974); Howard v. Howard, 143 So. 2d 502 (Fla. 3d DCA 1962). Accord, Hechler v. Hechler, 351 So. 2d 1122 (Fla. 3d DCA 1977). Cf. Dubocq v. Dubocq, 338 So. 2d 67 (Fla. 3d DCA 1976) (court cannot condition husband’s right to temporary custody on failure to comply with each and every provision of final judgment of dissolution). See Yandell v. Yandell, 39 So. 2d 554 (Fla.1949).1 Affirmed in part; reversed in…
Authorities Cited
- Howard v. Howard, 143 So. 2d 502 (Fla. 3d DCA 1962)
- Chaffin v. Grigsby, 293 So. 2d 404 (Fla. 4th DCA 1974)