Bethea v. Bethea, 90-87
| Decision Date | 28 April 1992 |
| Docket Number | No. 90-87,90-87 |
| Citation | 596 So.2d 1279 |
| Parties | 17 Fla. L. Weekly D1086 Neva BETHEA n/k/a Neva Goller, Appellant, v. Thomas BETHEA, Appellee. |
| Court | Florida District Court of Appeals |
Maurice Jay Kutner and Carolyn W. West, Miami, for appellant.
Michael H. Bloom, Miami, for appellee.
Before BARKDULL, FERGUSON and GERSTEN, JJ.
This appeal is brought from an order changing child custody from the mother to the father, and ordering the mother to pay $40 per week for child support.
A substantial change of circumstances, justifying the award of custody to the father, occurred after the mother suffered an alcohol and drug-induced stroke which caused permanent brain damage. On the facts in this record, which include recommendations of experts for the custody change, no abuse of discretion is shown. Discretion is abused only when the trial court's decision is unreasonable. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980).
Neither is a due process violation shown, based on lack of notice and an opportunity to be heard, in the order of support. The court's written order reflects that the parties stipulated to the support award. To avoid the consequences of a stipulation properly entered into, a party must show that the agreement is the product of a fraud, misrepresentation or mistake of fact. Groover v. Groover, 383 So.2d 280 (Fla. 5th DCA 1980). No such showing has been made.
Affirmed.
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McGoey v. State
...into, a party must show that the agreement is the product of a fraud, misrepresentation or mistake of fact." Bethea v. Bethea, 596 So.2d 1279, 1280 (Fla. 3d DCA 1992) (quoting Groover v. Groover, 383 So.2d 280, 283 (Fla. 5th DCA 1980)); see also Eastern Airlines v. Griffin, 654 So.2d 1194, ......
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Alternatives to physical and testimonial proof
...the objecting party must show that the agreement is a product of fraud, misrepresentation or mistake of fact. Bethea v. Bethea 596 So.2d 1279 (Fla. 3d DCA 1992); McGoey v. State , 736 So. 2d 31 (Fla. 3d DCA 1999). Defendant was entitled to a new trial when it was apparent there was a mistak......
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Grandparents have rights after all: no area of custody law is more fraught with conflict between the rights of a child and the legal rights of a parent than the area of third party custody involving grandparents.
...v. Heatherington, 677 So. 2d 1312 (Fla. 2d D.C.A. 1996); Miller v. Miller, 671 So. 2d 849 (Fla. 5th D.C.A. 1996); Bethea v. Bethea, 596 So. 2d 1279 (Fla. 3d D.C.A. (4) Whight v. Whight, 685 So. 2d 135 (Fla. 1st D.C.A. 1994); and Young v. Altenhaus, 472 So. 2d 1152, 1154 (Fla. 1985). (5) Kil......