SMOTHERS v. SMOTHERS

No. 71-29.

257 So.2d 591 (1971)

Margaret Jane SMOTHERS, Appellant, v. Jerry Troxel SMOTHERS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 29, 1972.


Attorney(s) appearing for the Case

J. Russell Hornsby of Law Offices of J. Russell Hornsby, Orlando, for appellant.

Donald P. Ewald, of Gierach & Ewald, Orlando, for appellee.


PER CURIAM.

Affirmed.

REED, C.J., and CROSS, J., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting):

The decision of the majority which has approved the taking of the custody of three minor children from their natural mother does not comport with my understanding of the law, the evidence in this case or my sense of justice. Over twenty-five years ago one of our sister state...

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