MONIQUE WAMBST, APPELLANT,

v.

JEAN PIERRE WAMBST, APPELLEE

Fla. 3d DCA | 1980-12-23

No. 79-2287

Before HUBBART, C. J., HENDRY, J., and PEARSON, TILLMAN (Ret.), Associate Judge.

391 So. 2d 375 Florida District Court of Appeal, Third District (1980) Positive Treatment

Cited by 4 cases

Opinion of the Court

PER CURIAM.

The final judgment of marriage dissolution under review is affirmed with one modification. The provision in the final judgment which prohibits any male adult not married to the appellant-wife from staying overnight in the parties’ former marital abode [in which appellant-wife was awarded temporary occupancy] is reversed as being overbroad and an improper attempt to regulate the private life of the appellant-wife. Dominik v. Dominik, 390 So. 2d 81 (Fla. 3d DCA 1980); Sheffield v. Sheffield, 310 So. 2d 410 (Fla. 3d DCA 1975), cert. denied, 328 So. 2d 844 (Fla.1976). The balance of appellant’s contentions upon this appeal are rejected as having no merit. Duncan v. Duncan, 379 So. 2d 949, 952 (Fla.1980); Ball v. Ball, 335 So. 2d 5 (Fla.1976); Leonard v. Leonard, 389 So. 2d 256 (Fla. 3d DCA 1980); see Groover v. Walker, 88 So. 2d 312 (Fla.1956).

Affirmed as modified.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Condren v. Condren, 475 So. 2d 268 (Fla. 2d DCA 1985)

…providing for termination of alimony upon the wife’s cohabitation with a male is improper. Accordingly, we order the trial court to strike that condition upon remand. Dominik v. Dominik, 390 So. 2d 81 (Fla. 3d DCA 1980); see also, Wambst v. Wambst, 391 So. 2d 375 (Fla. 3d DCA 1980); Sheffield v. Sheffield, 310 So. 2d 410 (Fla. 3d DCA 1975). Affirmed in part, reversed in part, and remanded. CAMPBELL, A.C.J., and LEHAN, J., concur.…
Bolton v. Bolton, 412 So. 2d 72 (Fla. 2d DCA 1982)

…n would not permit even a male relative to be a guest of appellant. The private lives of the children and mother may not be so regulated. Trylko v. Trylko, 392 So. 2d 1034 (Fla. 2d DCA), cert. dismissed, 399 So. 2d 1147 (Fla.1981); Wambst v. Wambst, 391 So. 2d 375 (Fla. 3d DCA 1980). We otherwise affirm the final judgment in Case No. 81-364. The judgment of contempt entered against appellant in Case No. 81-967 is affirmed. SCHEB, C. J., and HOBSON, J., concur.…
Marilynn Trylko v. Trylko, 392 So. 2d 1034 (Fla. 2d DCA 1981)

…trate his disapproval of the mother’s marital misconduct and to protect the children from conditions the trial judge deemed morally undesirable. The law sets a different standard. Beaman v. Beaman, 393 So. 2d 19 (Fla. 3d DCA 1980); Wambst v. Wambst, 391 So. 2d 375 (Fla. 3d DCA 1980). Without competent and substantial evidence of the detrimental effect on the children caused by her lover’s presence during the mother’s visits, the limitation imposed [*1036] by the trial court cannot stand. Dinkle v. Dinkle, 322…

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Authorities Cited

Shannon v. State, 335 So. 2d 5 (Fla. 1976)
Duncan v. Duncan, 379 So. 2d 949 (Fla. 1980)
Groover v. Walker, 88 So. 2d 312 (Fla. 1956)
Booker T. Birdsong v. State, 310 So. 2d 410 (Fla. 3d DCA 1975)
Dominik v. Rolla E, 390 So. 2d 81 (Fla. 3d DCA 1980)
Leonard v. Leonard, 389 So. 2d 256 (Fla. 3d DCA 1980)

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