Wright v. Wright

I respectfully dissent. The primary error here is the majority opinion’s failure to give the trial court due credence in its fact-finding function, and the majority’s reweighing of evidence presented to the trial court. Both are forbidden to appellate courts by appellate law. See Marsh v. Marsh, 419 So.2d 629 (Fla.1982); Shaw v. Shaw, 334 So.2d 13 (Fla.1976); Bradley v. Bradley, 347 So.2d 789 (Fla. 3d DCA 1977). Finally, I seriously question the wisdom and validity of the majority’s reliance on the successor trial judge analogy. It may frequently occur that the trial judge who hears a…