5D05-3529 Dawson v. Dawson

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-3529

Case Date: 02/19/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

LELAND V. DAWSON, JR., Appellant, v. TONI G. DAWSON, Appellee. ________________________________/ Opinion filed February 23, 2007 Appeal from the Circuit Court for Flagler County, Kim C. Hammond , Judge. Wm. Bruce Muench and Jonathan J. Luca, of Law Offices of Muench & Luca, P.A., Jacksonville, for Appellant. Charles A. Esposito, of Charles A. Esposito, LLC, and Tania R. SchmidtAlpers of Tania R. Schmidt-Alpers, P.A., St. Augustine, for Appellee. Case No. 5D05-3529

PER CURIAM. Leland V. Dawson, Jr. appeals the trial court's judgment dissolving his marriage to Toni G. Dawson. We affirm. In a dissolution proceeding, the trial court possesses broad discretion to do equity between the parties. Canakaris v. Canakaris, 382 So. 2d 1197, 1202 (Fla. 1980); Doyle v. Doyle, 789 So. 2d 499, 501 (Fla. 5th DCA 2001). The standard of review is

whether the trial court abused its discretion. Canakaris, 382 So. 2d at 1202-03. In reviewing a dissolution judgment, this Court looks at the judgment as a whole in determining whether the trial court abused its discretion. Hamlet v. Hamlet, 583 So. 2d 654, 657 (Fla. 1991). "It is not the function of the appellate court to substitute its judgment for that of the trial court through re-evaluation of the evidence. Rathe r, the test is whether the judgment of the trial court is supported by competent evidence." Deakyne v. Deakyne , 460 So. 2d 582, 583 (Fla. 5th DCA 1984) (citing Kuvin v. Kuvin, 442 So. 2d 203 (Fla. 1983)). Given the broad discretion afforded the trial court in making child custody decisions and distributing marital property, we find no error. AFFIRMED.

ORFINGER, LAWSON and EVANDER, JJ., concur.

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