Baldwin v. Baldwin, 90-786

Decision Date14 March 1991
Docket NumberNo. 90-786,90-786
Parties16 Fla. L. Weekly 721 John Douglas BALDWIN, Appellant, v. Darcy Sue BALDWIN, Appellee.
CourtFlorida District Court of Appeals

Clyde M. Collins, Jacksonville, for appellant.

D. Patrick Dalton and Sherri F. Myers, Ocala, for appellee.

DAUKSCH, Judge.

This is an appeal from an order denying a change of custody of minor children. The discretion of a trial judge in such cases is wide and this court is very limited in its legal authority to reverse the decision. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). Even though the appellate judges may sometimes disagree with a trial judge's discretionary call, that does not warrant our substituting our judgment for the one made below. Trial judges sit in closer proximity to the parties; they get to meet them and listen to them and their witnesses. We have only the record to read and no matter how persuasive it and the argument of counsel may be, there is no substitute for being there. Unless we determine that no reasonable judge would have done what was done, we must affirm. Canakaris.

AFFIRMED.

COBB and PETERSON, JJ., concur.

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6 cases
  • Dobson v. Samson, 91-1991
    • United States
    • Florida District Court of Appeals
    • April 17, 1992
    ...So.2d 1197 (Fla.1980); Conroy v. Conroy, 585 So.2d 957 (Fla. 5th DCA 1991), rev. denied, 595 So.2d 556 (Fla.1992); Baldwin v. Baldwin, 576 So.2d 400 (Fla. 5th DCA 1991); Cole v. Cole, 530 So.2d 467 (Fla. 5th DCA 1988), Jones v. Vrba, 513 So.2d 1080 (Fla. 5th DCA 1987); Elebash v. Elebash, 4......
  • Urban v. Urban, 91-2087
    • United States
    • Florida District Court of Appeals
    • July 2, 1992
    ...139 (Fla. 5th DCA 1992); Conroy v. Conroy, 585 So.2d 957 (Fla. 5th DCA 1991), rev. den., 595 So.2d 556 (Fla.1992); Baldwin v. Baldwin, 576 So.2d 400 (Fla. 5th DCA 1991); Cole v. Cole, 530 So.2d 467 (Fla. 5th DCA 1988); Jones v. Vrba, 513 So.2d 1080 (Fla. 5th DCA 1987); Elebash v. Elebash, 4......
  • Tucker v. Greenberg, 94-2152
    • United States
    • Florida District Court of Appeals
    • May 10, 1996
    ...court's decision, we will not substitute our perception of the testimony and other evidence for the trial court's. Baldwin v. Baldwin, 576 So.2d 400, 401 (Fla. 5th DCA 1991); Baker v. Baker, 360 So.2d 19, 20 (Fla. 4th DCA 1978), cert. denied, 366 So.2d 879 Regarding attorney's fees, the tri......
  • Adair v. Adair, 97-1811
    • United States
    • Florida District Court of Appeals
    • November 18, 1998
    ...Instead, the court's decision was an appropriate exercise of discretion in a very "close call" case. See Baldwin v. Baldwin, 576 So.2d 400, 401 (Fla. 5th DCA 1991). While the wife does not dispute the husband's entitlement to a special equity in the marital home based on his premarital cont......
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7 books & journal articles
  • Trial and evidence
    • United States
    • James Publishing Practical Law Books Florida Family Law and Practice - Volume 1
    • April 30, 2022
    ...to believe the testimony of any witness; as a factfinder, a judge may reject testimony that he or she disbelieves); Baldwin v. Baldwin, 576 So. 2d 400 (Fla. 5th DCA 1991) (even though appellate judges may sometimes disagree with trial judge’s discretionary call, that does not warrant substi......
  • Final judgment; rehearing; motions related to judgment
    • United States
    • James Publishing Practical Law Books Florida Family Law and Practice - Volume 1
    • April 30, 2022
    ...new importance because of many intangibles that must be evaluated in deciding delicate question of child custody); Baldwin v. Baldwin, 576 So. 2d 400 (Fla. 5th DCA 1991)(even though appellate judges may sometimes disagree with trial judge’s discretionary call, that does not warrant substitu......
  • Emergencies and case management conference
    • United States
    • James Publishing Practical Law Books Florida Family Law and Practice - Volume 1
    • April 30, 2022
    ...new importance because of many intangibles that must be evaluated in deciding delicate question of child custody); Baldwin v. Baldwin, 576 So. 2d 400 (Fla. 5th DCA 1991).] Evaluate your client as a witness. Even if your client may be telling the truth, the client may not make a believable w......
  • Domestic violence
    • United States
    • James Publishing Practical Law Books Florida Family Law and Practice - Volume 1
    • April 30, 2022
    ...new importance because of many intangibles that must be evaluated in deciding delicate question of child custody); Baldwin v. Baldwin, 576 So. 2d 400 (Fla. 5th DCA 1991).] §10:67 Consequences to Lawyer The consequences to the lawyer are to his or her own reputation and credibility. Clients ......
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