Public-domain · open source
OpenJurist

915 So. 2d 735

Docket No. 2D04-5356.

Yeates v. Yeates

Marvin D. YEATES, Jr., Appellant, v. Janet L. YEATES n/k/a Janet L. Knapp, Appellee.

District Court of Appeal of Florida

Decided December 7, 2005.

This page is marked noindex.

District Court of Appeal of Florida · decided 2005-12-07

Cited by 2 later decisions — most recently April 2006

2 state decisions

Relies on 903 So. 2d 928 - Wade v. Hirschman · Gibbs v. Gibbs

Good law ✅— No negative treatment on recordhow we know

Decided 2005-12-07

View the full empirical analysis of this case →

¶1*736 Carl T. Boake and Kathy C. George of Law Offices of Carl T. Boake, P.A., St. Petersburg, for Appellant.

¶2Sheila Skellie of Law Office of David J. Kurland, Largo, for Appellee.

¶3VILLANTI, Judge.

¶4Marvin D. Yeates, Jr., appeals an order denying his supplemental petition to modify the parties' final judgment of dissolution of marriage to change the primary residence of their minor child from his former wife's home to his own. Applying the "detriment" standard as articulated in Gibbs v. Gibbs,686 So.2d 639 (Fla. 2d DCA 1996), the circuit court entered a thorough and thoughtful final judgment denying the requested relief.

¶5Thereafter, the Florida Supreme Court decided Wade v. Hirschman,903 So.2d 928, 934 (Fla.2005), holding that "[r]equiring proof of detriment is inconsistent with this Court's prior holdings and is not an element of the substantial change test necessary to modify a child custody award." The record before us does not clearly reflect that the circuit court would have denied the modification petition if it had not applied the detriment standard. For this reason, we reverse and remand to the circuit court to reconsider the petition in light of Wade. If the circuit court deems it necessary or advisable, it may take additional evidence.

¶6Reversed and remanded.

¶7NORTHCUTT and CANADY, JJ., Concur.

/915/so2d/735 · .json · Public domain