DELOS J. DEAN, APPELLANT,
v.
CLARA L. DEAN, APPELLEE
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The Florida Supreme Court reversed a divorce decree, finding the wife's allegations and testimony insufficient to support the ruling. The court emphasized the need for corroboration of the wife's testimony regarding the husband's alleged misconduct.
No, the wife's allegations were meager, and her testimony was not sufficiently corroborated to support the divorce decree.
“The allegations are meagre and the testimony of the wife as to the charges made is not corroborated and is insufficient to support the decree.”
Establishes the primary reason for reversal.
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Join FLexlaw to unlock all legal intelligenceA wife filed for divorce alleging habitual indulgence in violent temper and extreme cruelty. The husband did not defend, resulting in a decree pro con…
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Per Curiam.
To a bill for divorce brought by the wife alleging habitual indulgence in violent and ungovernable temper and extreme cruelty, the husband appeared but made no defense. A decree pro confessa was entered against him. Upon testimony of the wife alone as to the acts charged and some corroboration by another witness as to the effect on the wife of the husband’s conduct testified to by the wife, a decree of divorce was rendered.. The defendant appealed.
The allegations are meagre and the testimony of the wife as to the charges made is not corroborated and is insufficient to support the decree. See Palmer v. Palmer, 26 Fla. 215, 7 South. Rep. 864; Donald v. Donald, 21 Fla. 571; Hickson v. Hickson, 54 Fla. 556, 45 South. Rep. 474; Phelan v. Phelan, 12 Fla. 449. See also Fuller v. Fuller, 23 Fla. 236, 2 South. Rep. 426.
Reversed for appropriate procedure.
Whitfield, P. J., and West and Terrell, J. J., concur. Taylor, C. J., and Ellis and Browne, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Frederic G. Chisholm v. Chisholm, 98 Fla. 1196 (Fla. 1929)…constitutes all the testimony in the case as to residence, though both of her parents testified at the same hearing. This Court has held that the uncorroborated testimony of complainant is insufficient to support a decree of divorce. Dean v. Dean, 87 Fla. 242, 99 So. R. 816; Hickson v. Hickson, 54 Fla. 556, 45 So. R. 474; Fuller v. Fuller, 23 Fla. 236, 2 So. R. 426; 9 R. C. L. 425, Sec. 240. In the case of Wade v. Wade, supra, this Court in substance said: Except where the defendant has been guilty of…
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Minick v. Minick, 111 Fla. 469 (Fla. 1933)…to this latter rule. . Even where there is a decree pro confesso, the material allegations of the bill must be proven, and the uncorroborated testimony of the complainant is not sufficient. to prove the ground of divorce. Dean v. Dean, 87 Fla. 242, 99 So. 816, and cases cited. But inasmuch as the testimony taken in this case appears to sufficiently sustain the allegations of the bill, it is only necessary for us to [*487] inquire whether the allegations of the bill are sufficient to support the final dec…
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Windham v. Windham, 144 Fla. 563 (Fla. 1940)…; 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 [*567] enumerated in each of the cases…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fuller v. Abbe A. Fuller, 23 Fla. 236 (Fla. 1887)
- Phelan v. Phelan, 12 Fla. 449 (Fla. 1868)
- Palmer v. Electa E. Palmer, 26 Fla. 215 (Fla. 1890)
- Donald v. Donald, 21 Fla. 571 (Fla. 1885)
- Hickson v. Hickson, 54 Fla. 556 (Fla. 1907)