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JONES v. JONES

No. 95-82.

674 So.2d 770 (1996)

Michael Phillip JONES, Appellant, v. Audrey Meredith JONES, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 5, 1996.

Attorney(s) appearing for the Case

Ann T. Frank of Ann T. Frank, P.A., Naples, for Appellant.

Bruce A. Saylor of Sellar, Sewell, Russ & Saylor, P.A., Leesburg, for Appellee.

GOSHORN, Judge.

Michael Jones (the "father") appeals the order denying his motion to modify the primary physical residence of two of his five children. He argues, inter alia, that because of the unusual procedural posture of this case, he need not meet the extraordinary burden of proving a substantial change of circumstances. We agree and reverse.1

The parties were married in 1976 and had five children. Until 1993, the family lived...

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