Opinion
May 30, 1950. Rehearing Denied June 22, 1950.
Appeal from the Circuit Court for Volusia County, Herbert B. Frederick, J.
Ray Selden, Daytona Beach, for appellant.
Horn Ossinsky, Daytona Beach, for appellee.
Counsel for appellant has failed to make it clearly apparent that the learned Chancellor erred in entering the decree from which this appeal was prosecuted. The matter of the change of exclusive custody of the child from the mother as provided in the final decree to the father as prayed in his petition is one which rests in the sound judicial discretion of the Chancellor. We do not find that he has abused such discretion. The decree is therefore affirmed.
Counsel for appellee filed a motion in which they requested this Court to require the appellant to pay to the appellee the sum of not less than $500.00 suit money and attorney's fee. We have previously entered an order allowing $50.00 expense money but deferred until final hearing the matter of allowance of attorneys' fee. The sum of $100.00 is hereby allowed as attorneys' fee for services rendered in this Court by the attorneys representing appellee.
Affirmed.
ADAMS, C.J., and TERRELL, CHAPMAN, THOMAS, SEBRING, HOBSON and ROBERTS, JJ., concur.