DUBOIS v. LEON

No. 5D08-1474.

12 So.3d 280 (2009)

David DUBOIS, Appellant, v. Miguel LEON and Aida Leon, Appellees.

District Court of Appeal of Florida, Fifth District.

May 29, 2009.


Attorney(s) appearing for the Case

Robert J. Wheelock, Eric Lee Bensen, and Michael B. Jones, of The Wheelock Law Firm, LLC, Orlando, for Appellant.

Gary S. Israel of Gary S. Israel, P.A., Orlando, for Appellees.


SAWAYA, J.

We reverse the nonfinal order awarding temporary custody of the minor child of David Dubois, the natural father, to the maternal grandparents because it is apparent from the face of the order that the trial court erroneously applied the best interests standard, rather than the applicable clear and convincing standard, when reviewing the evidence. See § 751.05(3), Fla. Stat. (2008) ("If one of the minor child's parents objects to the granting...

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