Florida District Courts of Appeal, 1977

Appeal of Mathews

Florida District Courts of Appeal · Decided August 18, 1977 · Boyer, Ervin, Mills

349 So. 2d 716; 1977 Fla. App. LEXIS 16547 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

MILLS and ERVIN, JJ., concur. BOYER, Acting C. J., concurs specially.

Concurring Opinion

BOYER, Acting Chief Judge,

concurring specially.

I concur only because of the presumption of correctness with which the order of a *717trial court reaches this court. I am not of the view that the ages of appellants are or should have been a controlling factor and had I been the trial judge I would have granted the petition for adoption. However, District Courts of Appeal have been repeatedly admonished by the Supreme Court of Florida against substituting their opinions for those of a trial judge. I therefore reluctantly join with my brethren in affirmance.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.