Kane v. Dizney, 702 So. 2d 1319 (Fla. 3d DCA 1997). · Go Syfert
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Kane v. Dizney, 702 So. 2d 1319 (Fla. 3d DCA 1997). Cases Citing This Book View Copy Cite
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Strongest positive: 41 ACQUISITION HOLDINGS, LLC, etc. v. ANN SCHRAEDEL HAFF (fladistctapp, 2023-06-07)
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Fla. Dist. Ct. App. · 2023 · confidence medium
Toyota Motor Credit Corp. v. Dollar Enter.’s, Inc., 702 So. 2d 1319, 1320 (Fla. 3d DCA 1997).
Retrieving the full opinion text from the archive…
Brian KANE
v.
Sarah Kane DIZNEY
No. 96-3064.
District Court of Appeal of Florida, Third District.
Nov 21, 1997.
702 So. 2d 1319
Marcia K. Lippincott, of Marcia K. Lippin-cott, P.A., Maitland, for Appellant., Sarah Kane Dizney, Orlando, pro se.
Antoon, Griffin, Thompson.
Published

Lead Opinion

PER CURIAM.

AFFIRMED.

GRIFFIN, C.J., and THOMPSON, J., concur. ANTOON, J., dissents, with opinion.

Dissent

ANTOON, Judge,

dissenting.

I respectfully dissent. In my view, the facts in this ease do not justify a modification of custody under the best interest of the children standard. Section 61.13(4)(e), Florida Statutes (1995), provides the trial court with several options with regard to the imposition of sanctions on a parent who fails to honor the other parent’s visitation rights, the most drastic of which is a change in primary residence or custody of the children. However, this extreme sanction cannot be imposed unless the change in custody is also in the best interest of the children. Here, the mother failed to sustain her burden of proving that changing the children’s primary residence is in their best interest. Accordingly, I would reverse. See Williams v. Williams, 676 So.2d 493 (Fla. 5th DCA 1996); Tucker v. Greenberg, 674 So.2d 807 (Fla. 5th DCA 1996).