Hoffman v. Hoffman

I am unable to agree with the majority judgment which affirms the order denying modification because the testimony taken at *748the hearing on the petition to modify the support decree was not recorded and presented on the appeal. The order reveals the chancellor rejected the petition on an erroneous conclusion of law, aside from the testimony.1

The parties were divorced in Dade County in 1945. The decree required the father to pay the mother $50 a month for support of a minor son. Twelve years thereafter, in 1957 when the boy was 16 years old, the decree was amended on their stipulation to…