Opinion
No. BB-395.
December 9, 1976. Rehearing Denied March 2, 1977.
Appeal from the Circuit Court, Escambia County, William Frye, III, J.
Joseph Q. Tarbuck, Pensacola, for appellant.
Fletcher Fleming of Shell, Fleming, Davis Menge, Pensacola, for appellee.
Appellant seeks review of that portion of a final judgment in a dissolution of marriage action which awarded custody of the two minor children of the parties to appellee. 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)
Appellant's petition for award of attorney's fees incident to this appeal is denied.
AFFIRMED.
MILLS, J., concurs.
McCORD, J., dissents.
In my view this case is not controlled by the two Supreme Court opinions cited in the majority opinion. Here the evidence is clear that it was not in the minor children's best interest that they be placed in the custody of appellee. I therefore, dissent.