Mize v. Mize, 91-57
| Decision Date | 31 October 1991 |
| Docket Number | No. 91-57,91-57 |
| Citation | 589 So.2d 959 |
| Parties | Danny Wade MIZE, Appellant, v. Dee Ann Terry MIZE, Appellee. 589 So.2d 959, 16 Fla. L. Week. D2771 |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Orange County; Frank N. Kaney, Judge.
Jack A. Nants, Orlando, for appellant.
Kelvin L. Averbuch, Orlando, for appellee.
Maria Gil de Lamadrid, Nat. Center for Lesbian Rights, and Nancy Tavernit, San Francisco, Cal., amicus curiae.
The appealed order which permitted the primary residential custodial parent to remove the child permanently from the State of Florida, where the non-custodial parent resides and has the right to visit with the child, is contrary to Mast v. Reed, 578 So.2d 304 (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); Giachetti v. Giachetti, 416 So.2d 27 (Fla. 5th DCA 1982); and for that reason must be reversed.
REVERSED.
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