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Plowman v. Plowman

Supreme Court of Florida, Division B
May 26, 1931
135 So. 125 (Fla. 1931)

Opinion

Opinion filed May 26, 1931.

An appeal from the Circuit Court for Monroe County; Jefferson B. Browne, Judge.

Reversed and remanded for a proper decree of divorce.

Lester, Harris Albury, for Appellant;

No appearance, for Appellee.


The bill of complaint herein alleged as a ground for divorce the willful, obstinate and continued desertion of complainant by the defendant for more than one year. Sec. 4983, C. G. L.

The court dismissed the bill of complaint and the plaintiff appealed.

There is positive uncontroverted testimony legally sufficient to sustain the allegations warranting a decree of divorce. Apparently the Judge did not believe the testimony of the plaintiff; but as it was corroborated and not impeached or directly contradicted, a decree of divorce should have been rendered.

Reversed and remanded for a proper decree of divorce.

WHITFIELD, P.J., AND TERRELL AND DAVIS, J.J., concur.

BUFORD, C.J., AND ELLIS, AND BROWN, J.J., concur in opinion and judgment.


Summaries of

Plowman v. Plowman

Supreme Court of Florida, Division B
May 26, 1931
135 So. 125 (Fla. 1931)
Case details for

Plowman v. Plowman

Case Details

Full title:HARRY E. PLOWMAN, Appellant, vs. ANNABEL PLOWMAN, Appellee

Court:Supreme Court of Florida, Division B

Date published: May 26, 1931

Citations

135 So. 125 (Fla. 1931)
135 So. 125

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