GUTIERREZ v. MEDINA

No. 92-1755.

613 So.2d 528 (1993)

Marcella GUTIERREZ, Appellant, v. Osvaldo MEDINA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 9, 1993.


Attorney(s) appearing for the Case

Ronald I. Strauss and Charmain Williams, Miami, for appellant.

De Oliveira & Associates, and Cristina De Oliveira, Coral Gables, for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.


BASKIN, Judge.

Marcella Gutierrez appeals an order granting Osvaldo Medina's petition for modification of the custody of the parties' five-year old son. We reverse.

The March 1991 final judgment dissolving the parties' marriage incorporated a property settlement agreement which provided that the mother would have primary residential custody of their son who was then four years old. The agreement did not address the child's school attendance. In April 1992...

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