Brody v. Brody, 650

Decision Date26 September 1958
Docket NumberNo. 650,650
Citation105 So.2d 378
PartiesJack BRODY, Appellant, v. Verna N. BRODY, Appellee.
CourtFlorida District Court of Appeals

Robbins, Cannova & Watson, Hollywood, for appellant.

Simon & Yeslow, and Myron H. Burnstein, Hollywood, for appellee.

PER CURIAM.

This is an interlocutory appeal from the order of the chancellor denying modification of final decree of divorce as it concerned support allowance for a minor child. The contention is that the minor child had entered the military service of the United States and because of this, the support phase for him should be modified.

There was testimony offered by the respective parties before the chancellor but there is no record presented on it so that this court is not in a position to say just what actually transpired before the chancellor. Consequently, we must affirm the order of the chancellor, but we do so without prejudice. Motion for attorneys' fee is denied.

KANNER, C. J., ALLEN, J., and DAYTON, ORVIL L., A. J., concur.

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3 cases
  • Hoffman v. Hoffman, 61-327
    • United States
    • Florida District Court of Appeals
    • December 21, 1961
    ...due after his son entered the United States Air Force Academy. The District Court of Appeal for the Second District in Brody v. Brody, Fla.App.1958, 105 So.2d 378, 379, was faced with a very similar situation. In that case the court 'The contention is that the minor child had entered the mi......
  • Brown v. Householder, 2316
    • United States
    • Florida District Court of Appeals
    • November 10, 1961
    ...or insufficiency of the evidence to support a verdict or judgment when evidence is missing from the record-on-appeal. See Brody v. Brody, Fla.App.1958, 105 So.2d 378; McClosky v. Martin, Fal.1951, 56 So.2d 916; and Hall v. Davis, Fla.App.1958, 106 So.2d A judgment being appealed is normally......
  • Pan Am. Metal Products Co. v. Healy, 61-681
    • United States
    • Florida District Court of Appeals
    • February 26, 1962
    ...is fatal. Under such circumstances the chancellor must be affirmed. McCloskey v. Martin, Fla.1951, 56 So.2d 916, 918; Brody v. Brody, Fla.App.1958, 105 So.2d 378; Hall v. Davis, Fla.App.1958, 106 So.2d 599; Brown v. Householder, Fla.App.1961, 134 So.2d This is so because a decree being appe......

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