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Foust v. Foust

District Court of Appeal of Florida, Second District
Feb 8, 1990
561 So. 2d 589 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-00557.

January 5, 1990. Rehearing Denied February 8, 1990.

Appeal from the Circuit Court for Lee County; Hugh E. Starnes, Judge.

Russell Atwood Foust, III, pro se.

Stella Diamond of Diamond Diamond, Fort Myers, for appellee.


Russell Atwood Foust, III (father) seeks review of the trial court's determination that Dina Foust (mother) be the primary residential parent of their minor child.

Upon consideration of the briefs, the oral arguments and the record before us, this court affirms the judgment entered below, as appellant has made no abuse of discretion appear. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Strate v. Strate, 328 So.2d 29 (Fla. 3d DCA), cert. denied, 336 So.2d 1184 (1976); Fishman v. Fishman, 245 So.2d 258 (Fla. 3d DCA 1971).

The burden of showing error rests on the appellant, because decisions of the lower court reach the appellate court clothed with a presumption of correctness. Brackin v. Brackin, 190 So.2d 816 (Fla. 1st DCA 1966), cert. denied, 201 So.2d 230 (Fla. 1967); Strate; Fishman. Here, no reversible error has been demonstrated. Accordingly, the final judgment and order appealed are affirmed.

Affirmed.

SCHOONOVER and LEHAN, JJ., concur.


Summaries of

Foust v. Foust

District Court of Appeal of Florida, Second District
Feb 8, 1990
561 So. 2d 589 (Fla. Dist. Ct. App. 1990)
Case details for

Foust v. Foust

Case Details

Full title:RUSSELL ATWOOD FOUST, III, APPELLANT, v. DINA DARLENE NIPPER KNORR FOUST…

Court:District Court of Appeal of Florida, Second District

Date published: Feb 8, 1990

Citations

561 So. 2d 589 (Fla. Dist. Ct. App. 1990)

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