Digirogio v. Digirogio, (1943)
Court: Supreme Court of Florida
Number:
Visitors: 6
Judges: ADAMS, J.:
Attorneys: Giles Gurney and Alfred P. Marshall, for appellant.
Dayton, Dayton Dayton, for appellee.
Filed: May 18, 1943
Latest Update: Mar. 02, 2020
Summary: Appellee proceeded by habeas corpus to gain the custody of her minor son, age six. She predicated her right to custody upon a separation agreement entered into between her and appellant, the father of the child. She also alleged her fitness and the father's want of fitness to have custody of the child. On this allegation, appellant's return joined issue. As to the agreement appellant admitted its execution but repudiated it on the basis that after making the agreement he learned of his wife's in
Summary: Appellee proceeded by habeas corpus to gain the custody of her minor son, age six. She predicated her right to custody upon a separation agreement entered into between her and appellant, the father of the child. She also alleged her fitness and the father's want of fitness to have custody of the child. On this allegation, appellant's return joined issue. As to the agreement appellant admitted its execution but repudiated it on the basis that after making the agreement he learned of his wife's inf..
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I agree to the general proposition of law as stated in the opinion of Mr. Justice Adams but under the facts of this case I am not convinced that the chancellor abused his discretion. I, therefore, dissent. Mr. Justice CHAPMAN joins in this dissent.
Source: CourtListener
