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F.S. v. Danciu

District Court of Appeal of Florida, Fourth District
Oct 27, 2000
770 So. 2d 254 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D00-2010.

Opinion filed October 27, 2000.

Appeal from the Circuit Court for Palm Beach County, Ronald V. Alvarez, J..

Peter Ticktin, and Bruce S. Rosenberg of Scholl, Ticktin Rosenber, P.A., Boca Raton for appellant/cross-appellee.

Lynn G. Waxman of Lynn G. Wasman, P.A., and Elliot R. Brooks of Abramson Young Brooks Pefka, P.A., west Palm Beach for appellee/cross-appellant.


Although the decision is a close one, we find that there was substantial, competent evidence to support the trial court's finding that the child had not lived with the grandparents for at least six months under section 63.0425, Florida Statutes (1999). See Lonergan v. Estate of Budahazi, 669 So.2d 1062, 1064 (Fla. 5th DCA 1996)(quoting Dunn v. State, 454 So.2d 641, 649 n. 11 (Fla. 5th DCA 1984) (Cowart, J., concurring)(defining the term "competent substantial evidence")).

In June, 1999, the mother rented a trailer in Centralia, Illinois. She paid the July rent and all but $35 of the August rent. The trailer park owner testified by depostition that the mother told her that "[s]he was moving from her mother's house and to get a place for her and her baby." Although hearsay, this statement was admissible as an exception under section 90.803(3)(a)2., Florida Statutes (1999) to "[p]rove or explain" the mother and baby's use of the trailer over the summer of 1999. In addition, the testimony of the other witnesses hinged on their credibilty, which the trial judge was in the best position to assess.

AFFIRMED.

KLEIN and SHAOOD, JJ., concur.


Summaries of

F.S. v. Danciu

District Court of Appeal of Florida, Fourth District
Oct 27, 2000
770 So. 2d 254 (Fla. Dist. Ct. App. 2000)
Case details for

F.S. v. Danciu

Case Details

Full title:F.S. Appellant/Cross-Appellee v. Charlotte DANCIU, Esquire…

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 27, 2000

Citations

770 So. 2d 254 (Fla. Dist. Ct. App. 2000)