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Poland v. Poland

District Court of Appeal of Florida, Third District
Jun 9, 1959
112 So. 2d 588 (Fla. Dist. Ct. App. 1959)

Opinion

No. 58-760.

June 9, 1959.

Appeal from the Circuit Court for Dade County, Pat Cannon, J.

Marchant Perkins, Miami, for appellant.

Thomas B. Duff, Miami, for appellee.


In this appeal the defendant-husband urges: 1. the evidence was insufficient to support the relief granted (alimony unconnected with divorce); 2. The evidence was such that the husband was "entitled" to a decree of divorce; 3. the alimony awarded was "unwarranted under the circumstances." We are thus presented with a reargument of the equities involved.

We have reviewed the record and have determined: 1. that all of the elements necessary for granting of relief under § 65.09, Fla. Stat. F.S.A., were presented for trial before the chancellor; 2. the chancellor, as the trier of facts, did not commit reversible error when he found upon conflicting evidence that the defendant husband was not entitled to a decree of divorce; 3. the amount of the alimony awarded was not such as to shock the conscience of this court or demonstrate a misconception of the applicable principles by the chancellor.

Affirmed.

CARROLL, CHAS., C.J., and HORTON and PEARSON, JJ., concur.


Summaries of

Poland v. Poland

District Court of Appeal of Florida, Third District
Jun 9, 1959
112 So. 2d 588 (Fla. Dist. Ct. App. 1959)
Case details for

Poland v. Poland

Case Details

Full title:ROGER A. POLAND, APPELLANT, v. MARY POLAND, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 9, 1959

Citations

112 So. 2d 588 (Fla. Dist. Ct. App. 1959)

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