Doane v. Doane, 72--435
| Decision Date | 08 June 1973 |
| Docket Number | No. 72--435,72--435 |
| Citation | 279 So.2d 46 |
| Parties | Laraine Rose DOANE, Appellant, v. Joseph A. DOANE, Appellee. |
| Court | Florida District Court of Appeals |
Richard H. Brown of Brown, Lederer & Goller, Ft. Lauderdale, for appellant.
No appearance for appellee.
In this dissolution of marriage action, appellant-wife has assigned as error the inadequacy of the amount awarded as child support and the denial of her motion to vacate a default judgment that had been entered against her. We find no abuse of discretion in the court's denial of appellant's motion to vacate the default judgment, but our review of the record indicates that this cause should be remanded for further consideration by the trial court on the issues of child custody and support.
Appellee-husband filed petition for dissolution of marriage on February 15, 1972, alleging that the parties were married on October 19, 1970, and that one child Cheryl, was born on October 22, 1970. The husband subsequently obtained a default judgment which the wife sought to vacate upon proper motion. The court denied the motion and proceeded to a final hearing on the matter. Judgment was entered dissolving the marriage, approving an ante-nuptial agreement between the parties, and requiring appellee-husband to pay child support to appellant-wife on a weekly basis.
Although Cheryl was born only three days after the marriage, the husband did not deny his paternity of the child either by pleading or proof. Cheryl, therefore, is presumed to be his child and he is liable for her support. Minick v. Minick, 1933, 111 Fla. 469, 149 So. 483; Walborsky v. Walborsky, Fla.App.1967, 197 So.2d 853.
No evidence was introduced on the issue of custody of the minor child, and the sole evidence concerning the issue of child support was the following testimony by the husband on direct examination:
'A. Cheryl Doane.
Because of the default judgment, the court refused to consider any evidence or testimony from appellant-wife and would not permit her counsel to cross-examine appellee-husband. By its final judgment the court ordered appellee-husband to pay child support to the wife in the amount of $10.00 per week, although the judgment failed to make an express award of custody of the child.
Broad discretion is vested in the trial court in determining matters of custody and support. Frazier v. Frazier, 1933, 109 Fla. 164, 147 So. 464; Rogoff v. Rogoff, Fla.App.1959, 115 So.2d 456; Burnett v. Burnett, Fla.App.1967, 197 So.2d 854; Gunter v....
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Duckworth v. Duckworth, 81-2018
...thus, the distinction between the instant cause and the cases cited by appellant in his brief. As was stated in Doane v. Doane, 279 So.2d 46 (Fla. 4th DCA 1973), "Bearing in mind that a determination of the child's best interests is of special concern in cases of this type, it would seem th......
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Armstrong v. Panzarino, No. 4D01-1744
...576 So.2d at 403; Dellavecchia v. Dellavecchia, 547 So.2d 287, 287 (Fla. 2d DCA 1989); Duckworth, 414 So.2d at 563; Doane v. Doane, 279 So.2d 46, 47 (Fla. 4th DCA 1973). In making a determination on child custody according to the best interests of the child "guide-post," the court should ha......
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Shewmaker v. Shewmaker, Case No. 2D18-4604
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Cobb v. Cobb, 87-2773
...Smith v. Smith, 500 So.2d 174, 175 (Fla. 1st DCA 1986); McLendon v. McLendon, 483 So.2d 498, 499 (Fla. 1st DCA 1986); Doane v. Doane, 279 So.2d 46 (Fla. 4th DCA 1973). Third, the former wife confesses error as to the award of attorney's fees. This confession of error is well taken because i......