From Casetext: Smarter Legal Research

Strickland v. Gay

District Court of Appeal of Florida, First District
Jun 10, 2002
817 So. 2d 1082 (Fla. Dist. Ct. App. 2002)

Opinion

No. 1D01-3977.

June 10, 2002.

An appeal from the Circuit Court for Jackson County. William L. Wright, Judge.

Russell B. Roberts, of Roberts, Roberts Roberts, Marianna, for Appellant.

H. Guy Green, of Green Law Firm, Marianna, for Appellee.


Appellant, Wayne Strickland, appeals an order changing the primary residence of the parties' child. Upon a careful review of the entire record, we find that there was no competent substantial evidence to support the trial court's finding of a substantial or material change in circumstances since the entry of the last custody order. Thus, Appellee failed to satisfy her extraordinary burden, and the trial court abused its discretion in modifying the most recent custody order. See, e.g., Young v. Young, 732 So.2d 1133 (Fla. 1st DCA 1999); Kilgore v. Kilgore, 729 So.2d 402 (Fla. 1st DCA 1999); Bartolotta v. Bartolotta, 687 So.2d 1385 (Fla. 4th DCA 1997); Holmes v. Greene, 649 So.2d 302 (Fla. 1st DCA 1995); Bridges v. Bridges, 625 So.2d 93 (Fla. 1st DCA 1993); Zediker v. Zediker, 444 So.2d 1034 (Fla. 1st DCA 1984).

Because we find that the changes in circumstances since the entry of the most recent custody order were insufficient to constitute a substantial or material change in circumstances, we need not address the trial court's consideration of matters that pre-dated the most recent order.

Accordingly, we REVERSE and REMAND with instructions to enter an order denying Appellee's petition for modification.

ALLEN, C.J., MINER and WEBSTER, JJ., concur.


Summaries of

Strickland v. Gay

District Court of Appeal of Florida, First District
Jun 10, 2002
817 So. 2d 1082 (Fla. Dist. Ct. App. 2002)
Case details for

Strickland v. Gay

Case Details

Full title:WAYNE STRICKLAND, Appellant, v. SUSAN GAY, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jun 10, 2002

Citations

817 So. 2d 1082 (Fla. Dist. Ct. App. 2002)

Citing Cases

Randolph v. Bradford

Pleadings are taken against the pleader in equity, as at law. Strickland v. Gay, 104 Ala. 375, 16 So. 77;…

Hines v. Seibels

Pleadings are taken against the pleader, in equity as at law. Strickland v. Gay, 104 Ala. 375, 16 So. 77;…