Brandl v. Brandl

This is an appeal by the petitioner wife from an order of the District Court for Madison County modifying a previous order concerning child custody entered in an action for dissolution of marriage. By the order of modification the court awarded physical custody of the parties’ only child to the respondent husband ánnually during the period September 1st to May 31st *779and to the petitioner wife for the remainder of the year.

The question which is determinative of this appeal is whether the court in entering the order of modification was entitled to act summarily under the doctrine of Benson v.…