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Brookins v. Brookins

District Court of Appeal of Florida, Third District
Mar 29, 1995
651 So. 2d 1318 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-710.

March 29, 1995.

An Appeal from the Circuit Court for Dade County; Amy Steele Donner, Judge.

Allen J. Smith, Miami, for appellant.

Gary N. Holthus, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.


We affirm the order denying appellant's motion to modify child custody. To prevail on a motion to modify custody, "the moving party has the burden to prove that a substantial and material change in circumstance has occurred since the dissolution and that the welfare of the child would be promoted by the change in custody." Cardelle v. Cardelle, 645 So.2d 22, 22-23 (Fla. 3d DCA 1994); Gutierrez v. Medina, 613 So.2d 528 (Fla. 3d DCA 1993). The evidence supports the general master's finding that appellant had not established a change in circumstances; the trial court properly adopted those findings and denied appellant's exceptions.

Affirmed.


Summaries of

Brookins v. Brookins

District Court of Appeal of Florida, Third District
Mar 29, 1995
651 So. 2d 1318 (Fla. Dist. Ct. App. 1995)
Case details for

Brookins v. Brookins

Case Details

Full title:KEITH BROOKINS, APPELLANT, v. TERRY FOX BROOKINS, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 29, 1995

Citations

651 So. 2d 1318 (Fla. Dist. Ct. App. 1995)