HATTIE VIRGINIA FIELDS
v.
L. T. FIELDS, SR.
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Hattie Virginia Fields sought a divorce on grounds of extreme cruelty and sought partition of the marital home held as an estate by the entireties, along with alimony and restitution. The trial court dismissed her amended complaint that added new claims and made the couple's son a party defendant, and the Florida Supreme Court reversed, holding that all related claims arising from the marital dissolution should be adjudicated together in one suit rather than generating multiple lawsuits.
The court held that the trial court erred in dismissing the amended bill. All claims arising from the marital dissolution—the divorce itself, title to the home, alimony, and restitution—should be adjudicated together in one suit because they involve overlapping evidence and interests, and the rules of procedure should not be applied to fragment the litigation.
“The law is a medium for adjusting conflicting interests that may constantly arise from more and more complicated social relations. It should not be permitted to become a code of abstract rules leading to confusion and dismay in the ad justment of these relations.”
Establishes the court's philosophy that procedural rules should serve justice in complex human situations rather than create rigid barriers to resolution.
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Join FLexlaw to unlock all legal intelligenceHattie Virginia Fields filed a bill of complaint against her husband L. T. Fields, Sr. seeking divorce on grounds of extreme cruelty, partition of the…
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Appellant filed her bill of complaint against appellee praying for divorce on the ground of extreme cruelty. The bill further alleges that the home in which they live is owned by *562them as an estate by the entireties and prays that it be partitioned. Permanent alimony, suit money, attorneys fees, the restoration of amounts paid for medical attention, hospital bills including moneys and other personal property that defendant borrowed and is withholding from plaintiff is also prayed for.
On application of the plaintiff an amended bill of complaint was filed wherein she set up additional claims for compensation against defendant and made L. T. Fields, Jr., a party defendant to the cause on the theory that he claimed some interest in the home alleged to be owned by plaintiff and defendant as an estate by the entireties. On motion of defendant the amended bill of complaint was “stricken and dismissed.” This is an appeal by certiorari from that decree.
The only queston we are required to answer is whether or not the chancellor committed error in dismissing the amended bill of complaint.
It appears from the briefs that the amended bill of complaint was dismissed on the theory that the matter introduced therein amounted to a new and different cause of action which could not be litigated with the original suit for divorce.
It may be admitted that the claim of a third party in the home alleged to be owned by the entireties complexes the situation but this is not a recognized basis for dismissing the bill. It is an impressive example of the complicated human relations that are now precipitating suits of this kind that the rules of procedure should be equal to and not be permitted to break under. It would not be difficult to generate two law suits from the situation but the divorce, the title to the home, the matter of alimony and the matter of restitution are all so involved that the same evidence may have to do with each of them so there is every reason why they should be adjudicated in one suit and we are shown no reason why they should not be considered together. Allegations of the amended bill are sufficient to show merit.
The law is a medium for adjusting conflicting interests that may constantly arise from more and more complicated social relations. It should not be permitted to become a code of abstract rules leading to confusion and dismay in the ad*563justment of these relations. The court has repeatedly adjudicated property rights along with the marital status. If there is any theory under which one law suit will suffice there is no reason for generating another. It may well be that when the evidence is all in there will be no support whatever for the claim of L. T. Fields, Jr., in the home. If this is the case the chancellor may so adjudicate but if he finds otherwise it will then be time to make an appropriate order to adjudicate his claim of title.
Certiorari is granted and the judgment appealed from is quashed with directions to reinstate the amended bill and proceed accordingly.
THOMAS, C. J., CHAPMAN and SEBRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Banfi v. Enrico Luigi Banfi, 123 So. 2d 52 (Fla. 3d DCA 1960)…has sanctioned the joining of an action for divorce, alimony and other claims against a husband, as well as a claim for partition of real property held as an estate by the entireties. DuPree v. DuPree, 158 Fla. 439, 28 So. 2d 907; Fields v. Fields, 160 Fla. 561, 35 So. 2d 722. In the Fields case, the Supreme Court was called upon to determine the correctness of an order dismissing an amended complaint which contained a prayer for divorce, partition of real property, alimony and restoration of certain money…
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Rankin v. Rankin, 258 So. 2d 489 (Fla. 2d DCA 1972)…ess afforded in the statute on partition. We are not saying that a partition of the property cannot be accomplished in a divorce action. We simply say that the pleadings must be such as to afford both parties due process. In Fields v. Fields, 1948, 160 Fla. 561, 35 So. 2d 722, the Supreme Court said: “If there is any theory under which one lawsuit will suffice there is no reason for generating another.” In Banfi v. Banfi, Fla.App.1960, 123 So. 2d 52, the court said: “In the case at bar, it is true the p…
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Picchi v. Picchi, 100 So. 2d 627 (Fla. 1958)…he divorce. Hill v. Hill, 123 Fla. 571, 167 So. 414. Likewise in the same proceeding it is not inappropriate to bring the case any third [*630] party claimants to property in which the husband and wife claim a joint interest. Fields v. Fields, 1948, 160 Fla. 561, 35 So. 2d 722. On this appeal the principal contention of Mrs. Picchi is that the Chancellor should have ordered an accounting of income from alleged jointly owned property dating back to 1949 instead of to the date of the filing of the complaint.…
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