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Morris v. Morris

Citations: 496 So. 2d 255; 11 Fla. L. Weekly 2298; 1986 Fla. App. LEXIS 10447Docket: No. BO-71

Court: District Court of Appeal of Florida; October 28, 1986; Florida; State Appellate Court

Narrative Opinion Summary

The court affirmed the trial court's decision to temporarily transfer the primary residence of the minor child to the appellee, the mother, finding no abuse of discretion. The ruling does not address the merits of a final order regarding the child's permanent residence, as related proceedings are still ongoing in the trial court. Justices Smith, Shivers, and Zehmer concurred with the decision.

Legal Issues Addressed

Scope of Ruling on Temporary Orders

Application: The ruling was limited to the temporary transfer of residence and explicitly did not resolve issues related to the permanent residence of the child, as those matters are still pending in the lower court.

Reasoning: The ruling does not address the merits of a final order regarding the child's permanent residence, as related proceedings are still ongoing in the trial court.

Temporary Transfer of Primary Residence

Application: The court upheld the trial court's decision to temporarily transfer the primary residence of the minor child to the mother, indicating that the court did not find any abuse of discretion in this interim decision.

Reasoning: The court affirmed the trial court's decision to temporarily transfer the primary residence of the minor child to the appellee, the mother, finding no abuse of discretion.