Opinion
March 17, 1950.
Appeal from the Circuit Court for Duval County, Miles W. Lewis, J.
J.L. Lee, Jacksonville, for appellant.
Frank T. Cannon, Jacksonville, for appellee.
This is an appeal by the husband, defendant below, from a final decree of divorce which awarded custody of the children to the plaintiff wife.
We have often announced the general rule of law that the determination of custody of children lies within the wise discretion of the Chancellor. Frazier v. Frazier, 109 Fla. 164, 147 So. 464. See Dobbs v. Kelly, Fla., 39 So.2d 479 (in which the Chancellor was reversed because of an abuse of discretion). The record in this cause does not indicate anything in the nature of an abuse of such discretion and thus the decision of the Chancellor will not be disturbed here.
We believe that it is necessary to remind counsel that bare statements in the brief as to occurrences during the proceedings below are not cognizable in this Court where such happenings are not reflected or indicated by the record.
Affirmed.
ADAMS, C.J., CHAPMAN and HOBSON, JJ. and TAYLOR, Associate Justice, concur.