AMELIA C. MUNSON, APPELLANT,
v.
BENNETT F. MUNSON, APPELLEE
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The Florida Supreme Court reversed a lower court's decision to sustain a demurrer to a bill of complaint seeking to annul a divorce decree due to fraud. The court found that the bill, on its face, stated a potential cause of action for substantial relief.
No, the bill of complaint did not wholly fail to state a cause of action. Therefore, the demurrer was erroneously sustained.
“Without stating the numerous allegations of fraud or discussing the law applicable to the points made by the demurrer it is sufficient to say that on the showing made an equity for substantial relief may be shown by appropriate and sufficient evidence.”
This quote explains the court's reasoning that the bill of complaint, despite not detailing the fraud allegations, presented enough to potentially warrant relief.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant filed a suit to set aside a divorce decree, alleging fraud and seeking temporary support and suit money. The lower court sustained a demurre…
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Per Curiam.
Appellant brought suit to set aside and annul a decree of divorce on the grounds of fraud and for temporary support and suit money. Demurrer to the bill was sustained and appeal was taken from that order. Without stating the numerous allegations of fraud or discussing the law applicable to the points made by the demurrer it is sufficient to say that on the showing made an equity for substantial relief may be shown by appropriate and sufficient evidence.
We do not think therefore the bill of complaint wholly fails to state a cause of action so the demurrer was erroneously sustained. Wertz v. Tampa Electric Co., 78 Fla. 405, 83 So. 270; Florida East Coast Ry. v. City of Miami, 80 Fla. 329, 86 So. 208; Wells v. Williams, 80 Fla. 498, 86 So. 336. Reversed for further proceedings.
West, C. J., and Ellis and Terrell, J. J., concur. Whitfield, P. J., and Strum and Brown, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jewell P. Wells v. Williams, 80 Fla. 498 (Fla. 1920)
- Wertz v. Tampa Elec. Co., 78 Fla. 405 (Fla. 1919)
- Fla. E. Coast Ry. Co. v. City of Miami, 80 Fla. 329 (Fla. 1920)