Miller v. Miller

District Court of Appeal of Florida

Decided December 9, 1976

District Court of Appeal of Florida · decided 1976-12-09

Relies on 322 So. 2d 22 - Dinkel v. Dinkel · 335 So. 2d 822 - Spradley v. Spradley

Good law ✅— No negative treatment on recordhow we know

Decided 1976-12-09

How this case has been cited

Cited by 4 later decisions — most recently March 1990

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BOYER, Chief Judge.

¶1Appellant seeks review of that portion of a final judgment in a dissolution of marriage action which awarded custody of the *86two minor children of the parties to appel-lee. Our examination of the record reveals evidence upon which the trial judge could have awarded custody to either parent or to neither. Although we may well have arrived at a different conclusion, it is not our prerogative to substitute our opinion for that of the trial judge if there is competent evidence in the record to sustain his determination. (Please see Dinkel v. Dinkel, Sup.Ct.Fla.1975, 322 So.2d 22 and Spradley v. Spradley, Sup.Ct.Fla.1976, 335 So.2d 822)

¶2Appellant’s petition for award of attorney’s fees incident to this appeal is denied.

¶3AFFIRMED.

MILLS, J., concurs.McCORD, J., dissents.