COREY v. COREY

No. 3D08-1461.

29 So.3d 315 (2009)

Michael James COREY, Appellant, v. Erica Lynn COREY, Appellee.

District Court of Appeal of Florida, Third District.

December 30, 2009.


Attorney(s) appearing for the Case

Fowler White Burnett and Kathy M. Klock and Greg A. Lewen, for appellant.

Simon, Schindler & Sandberg and Roger Schindler and Anthony V. Falzon, for appellee.

Before SHEPHERD and LAGOA, JJ., and SCHWARTZ, Senior Judge.


LAGOA, J.

In this dissolution action, Michael James Corey, the father, contends that the trial court erred in designating Erica Lynn Corey, the mother, the primary residential parent of their son. Because we conclude that the trial court erred as a matter of law in finding that the father was required to overcome a presumption against rotating custody, we reverse.

I. FACTUAL HISTORY

The parties, who have one son, separated when the mother...

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