Opinion
November 28, 1950. Rehearing Denied December 21, 1950.
Appeal from the Circuit Court for Duval County, Bryan Simpson, J.
James T. Etheredge and Chas. E. Flynn, Jacksonville, for appellant.
P. Donald DeHoff, Jacksonville, for appellee.
This appeal brings for our review a final decree entered in a divorce suit in the court below, in which it was decreed that plaintiff, appellant here, had failed to prove any of his grounds for divorce and dismissing his cause with prejudice. The Special Master who, under authority of the Court, heard the testimony and made findings of fact and of law found that the plaintiff had proved his allegation of desertion and recommended that the divorce be granted.
We have carefully examined the voluminous testimony adduced before the Master, and it is our conclusion that there was ample testimony to support the findings of fact and law of the Master with respect to the desertion of plaintiff by defendant. That portion of the final decree denying plaintiff a divorce must, therefore, be reversed, under the authority of Harmon v. Harmon, Fla., 40 So.2d 209.
We find no error in the remaining portion of the final decree respecting the financial obligations of the plaintiff to the defendant and the custody of the minor child of the parties.
Reversed in part and affirmed in part.
ADAMS, C.J., and TERRELL, THOMAS and ROBERTS, JJ., concur.