Van v. Van

4 Citing cases

  1. Masilotti v. Masilotti

    7 So. 2d 132 (Fla. 1942)   Cited 13 times

    The rule enunciated by this Court is that a divorce granted on the ground of extreme cruelty will be denied where there is no actual bodily violence, unless the treatment complained of be such as damages health or renders cohabitation intolerable and unsafe, or unless there are threats of mistreatment of such kind as to cause reasonable and abiding apprehension of bodily violence so as to render it impracticable to discharge marital duties. See Windham v. Windham, 144 Fla. 563, 198 So. 202; Chisholm v. Chisholm, 98 Fla. 1196, 125 So. 694; Palmer v. Palmer, 26 Fla. 215, 7 So. 864; Beekman v. Beekman, 53 Fla. 858, 43 So. 923; Trigo v. Trigo, 90 Fla. 60, 105 So. 123; Hancock v. Hancock, 55 Fla. 680, 45 So. 1020, 15 L.R.A. (N.S.) 670; Hayes v. Hayes, 86 Fla. 350, 98 So. 66, Baker v. Baker, 94 Fla. 1001, 114 So. 661; Kellogg v. Kellogg, 93 Fla. 261, 111 So. 637; Van v. Van, 100 Fla. 612, 129 So. 886; Prall v. Prall, 58 Fla. 496, 50 So. 867, 26 L.R.A. (N.S.) 577; Dean v. Dean, 87 Fla. 242, 99 So. 816; Donald v. Donald, 21 Fla. 571; Hickson v. Hickson, 54 Fla. 556, 45 So. 474; Phelan v. Phelan, 12 Fla. 449; Fuller v. Fuller, 23 Fla. 236, 2 So. 426. If habitual indulgence in a violent and ungovernable temper is relied upon, it is necessary to show that defendant's temper was displayed toward the plaintiff habitually so as to injuriously affect the health, personal safety and conduct or to render life an oppressive and intolerable burden, making it impracticable to perform marital duties.

  2. Windham v. Windham

    144 Fla. 563 (Fla. 1940)   Cited 16 times

    The rule cited as applicable to the facts adduced is that a divorce on the ground of cruelty will be denied where there is no actual bodily violence unless the treatment complained of be such as damages health or renders cohabitation intolerable and unsafe, or unless there are threats of mistreatment of such kind as to cause reasonable and abiding apprehension of bodily violence so as to render it impracticable to discharge marital duties. The following cases are cited: Chishold v. Chisholm, 98 Fla. 1196, 125 So. 694; Palmer v. Palmer, 26 Fla. 215, 7 So. 864; Beekman v. Beekman, 53 Fla. 858, 43 So. 923; Trigo v. Trigo, 90 Fla. 60, 105 So. 123; Hancock, 55 Fla. 680, 45 So. 1020, 15 L.R.A. (N.S.) 670; Hayes v. Hayes, 86 Fla. 350, 98 So. 66; Baker v. Baker, 94 Fla. 1001, 114 So. 661; Kellogg v. Kellogg, 93 Fla. 261, 111 So. 637; Van v. Van, 100 Fla. 612, 129 So. 886; Prall v. Prall, 58 Fla. 496, 50 So. 867, 26 L.R.A. (N.S.) 577; Dean v. Dean, 87 Fla. 242, 99 So. 816; Donald v. Donald, 21 Fla. 571; Hickson v. Hickson, 54 Fla. 556, 45 So. 474; Phelan v. Phelan, 12 Fla. 449; Fuller v. Fuller, 23 Fla. 236, 2 So. 426. We are in full accord with the principles of law enumerated in each of the cases cited by counsel for appellant.

  3. Dowdy v. Dowdy

    181 So. 901 (Fla. 1938)   Cited 1 times

    That said defendant boasts that he will not quarrel, but that his failure to speak or show any affection or take care of his honest obligations, and his failure to show any affection whatever toward plaintiff for long periods of time has more injurious effect upon her than actual quarreling would have and that because of his attitude, she has been deprived of the comfort and companionship of her two daughters on a great many occasions.", — was overruled. The order overruling the demurrer should be affirmed on authority of the opinion and judgment in the case of Van v. Van, 100 Fla. 612, 129 So.2d 886, and cases there cited. So ordered.

  4. Lentz v. Lentz

    120 So. 2d 815 (Fla. Dist. Ct. App. 1960)   Cited 6 times

    "* * * The rule cited as applicable to the facts adduced is that a divorce on the ground of cruelty will be denied where there is no actual bodily violence unless the treatment complained of be such as damages health or renders cohabitation intolerable and unsafe, or unless there are threats of mistreatment of such kind as to cause reasonable and abiding apprehension of bodily violence so as to render it impracticable to discharge marital duties. The following cases are cited: Chisholm v. Chisholm, 98 Fla. 1196, 125 So. 694; Palmer v. Palmer, 26 Fla. 215, 7 So. 864; Beekman v. Beekman, 53 Fla. 858, 43 So. 923; Trigo v. Trigo, 90 Fla. 60, 105 So. 123; Hancock v. Hancock, 55 Fla. 680, 45 So. 1020, 15 L.R.A., N.S., 670; Hayes v. Hayes, 86 Fla. 350, 98 So. 66; Baker v. Baker, 94 Fla. 1001, 114 So. 661; Kellogg v. Kellogg, 93 Fla. 261, 111 So. 637; Van v. Van, 100 Fla. 612, 129 So. 886; Prall v. Prall, 58 Fla. 496, 50 So. 867, 26 L.R.A., N.S., 577; Dean v. Dean, 87 Fla. 242, 99 So. 816; Donald v. Donald, 21 Fla. 571; Hickson v. Hickson, 54 Fla. 556, 45 So. 474; Phelan v. Phelan, 12 Fla. 449; Fuller v. Fuller, 23 Fla. 236, 2 So. 426. * * *" Plaintiff's testimony in the instant case tended to show (1) certain physical violence, and (2) a pattern of other abuse which could constitute mental cruelty.