Florida District Courts of Appeal, 2005

Frye v. Frye

Florida District Courts of Appeal · Decided February 22, 2005 · Kahn, Polston, Wolf

896 So. 2d 836; 2005 Fla. App. LEXIS 1871; 2005 WL 405494 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Aponte v. State (Fla. Dist. Ct. App. 2005)

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Opinion of the Court

PER CURIAM.

Appellant Stephen Frye appeals the Final Judgment of Modification entered by the trial court changing the primary residence of the parties’ minor children. Because appellee has neither alleged nor demonstrated through proof the requisite elements for a change of their minor sons’ custody, we reverse. See Zediker v. Zediker, 444 So.2d 1034 (Fla. 1st DCA 1984). Accordingly, the Final Judgment of Modification is REVERSED and VACATED to the extent it pertains to the minor sons, including changes to their custody and support payments.

WOLF, C.J., KAHN AND POLSTON, JJ., concur.

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