DOYLE PEACOCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1978-09-15
No. KK-136
McCORD, C. J., and MILLS and BOYER, JJ., concur.
362 So. 2d 174 Florida District Court of Appeal, First District (1978) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a criminal conviction for withholding support for a minor child. We reverse.

In the trial court there was no showing of the defendant’s ability or capacity to provide support and there was no showing of the needs of the minor child. Thus, the essential factors set forth in Stedman v. State, 80 Fla. 547, 86 So. 428 (1920), were not established.

REVERSED with orders that appellant be discharged.

McCORD, C. J., and MILLS and BOYER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Culpepper v. Culpepper, 408 So. 2d 782 (Fla. 2d DCA 1982)
    …moted by the court’s action. Sanders v. Sanders, 376 So. 2d 880 (Fla. 1st DCA 1979), cert. denied, 388 So. 2d 1117 (Fla.1980). An improvement in the circumstances of the noncustodial parent by itself does not warrant modification. Collins v. Newton, 362 So. 2d 174 (Fla. 2d DCA 1978). In this case, the only change of real consequence occurred when Mrs. Cul-pepper had an illegitimate child. The moral unfitness of a party may be considered in a custody case so long as it has a direct bearing on the welfare of t…
  • Andrews v. Andrews, 624 So. 2d 391 (Fla. 2d DCA 1993)
    …r custody of the couple’s two young children. Especially in the context of a modification of child custody, it would seem critical for the trial court to hear the full testimony of the parent who was initially granted custody. See Collins v. Newton, 362 So. 2d 174 (Fla. 2d DCA1978) (modification of custody requires greater showing than would be needed at original trial). This opinion does not foreclose the trial court on remand from imposing sanctions that will punish the parent without jeopardizing the best…
  • Charlana M. Blosser v. Blosser, 707 So. 2d 778 (Fla. 2d DCA 1998)
    …o that he now appears to be the preferred residential choice. However, improving his financial circumstances does not warrant modification. Culpepper, 408 So. 2d at 784; Stricklin v. Stricklin, 383 So. 2d 1183 (Fla. 5th DCA 1980); Collins v. Newton, 362 So. 2d 174 (Fla. 2d DCA 1978). In Grumney the father petitionéd for modification alleging the mother’s financial instability, her frequent changes of residence, her series of relationships with men, and the birth of a second child out of wedlock. We held ther…

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