LAWRENCE B. CONE, APPELLANT,
v.
NOLA CONE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves a husband appealing a divorce decree granted to his wife. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the chancellor's findings.
Yes, the chancellor's finding is supported by competent substantial evidence, and the appellate court will not disturb the trial court's ruling when the evidence is in conflict.
“It is well established that where the evidence on an issue is in conflict, this court will not disturb the ruling of the trial court if there is competent substantial evidence to sustain its finding.”
This quote establishes the standard of review for conflicting evidence, indicating the appellate court's deference to the trial court's findings when supported by competent evidence.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA husband sued his wife for divorce based on adultery, which she denied and counterclaimed for divorce based on extreme cruelty. The chancellor dismis…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Adultery cases and more on FLexlaw
Appellant sued his wife for divorce, charging adultery. She counterclaimed for divorce alleging extreme cruelty. The case was tried by the chancellor who found the plaintiff’s charge of adultery against the wife was not proved, and dismissed the complaint. The decree then granted a divorce to the wife on her counterclaim, and reserved jurisdiction to rule later on her alimony request.
On the husband’s appeal the determinative question is whether the chancellor’s finding, that the plaintiff failed to prove the material allegations of his complaint by which he charged the wife with adultery, is supported by the evidence. No useful purpose would be served by detailing the evidence submitted against the wife in support of the husband’s charge of adultery, or by reciting here the elaborate stories related by the wife and her alleged paramour in explanation or excuse of such charges. The chancellor appears to have assigned credibility to the latter, rather than to the former. His ruling was supported by competent evidence. “It is well established that where the evidence on an issue is in conflict, this court will not disturb the ruling of the trial court if there is competent substantial evidence to sustain its finding. * * * ” Trobaugh v. Trobaugh, Fla.1955, 81 So.2d 629.
Accordingly, the decree appealed from is affirmed.
HORTON, C. J., and CARROLL, CHAS., J., concur.
PEARSON, J., dissents.
(dissenting).
I would reverse upon authority of the “guarded discretion” rule set forth in Engebretsen v. Engebretsen, 151 Fla. 372, 11 So.2d 322, 327; accord, Benson v. Benson, Fla.App.1958, 102 So.2d 748.
PEARSON, Judge
(dissenting).
I would reverse upon authority of the “guarded discretion” rule set forth in Engebretsen v. Engebretsen, 151 Fla. 372, 11 So. 2d 322, 327; accord, Benson v. Benson, Fla.App.1958, 102 So. 2d 748.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
S. Kornreich & Sons, Inc. v. Titan Agencies, Inc., 423 So. 2d 940 (Fla. 3d DCA 1982)…, there is substantial evidence which supports the damages as determined by the court, thus, this finding must be affirmed. Trobaugh v. Trobaugh, 81 So. 2d 629 (Fla.1955); City of Miami Beach v. Fein, 263 So. 2d 258 (Fla. 3d DCA 1972); Cone v. Cone, 114 So. 2d 461 (Fla. 3d DCA 1959). Kornreich argues further that it had sufficiently discredited the comptroller’s competency to the extent that the court should have discounted the testimony. We disagree. There is competent and substantial evidence to support the…
-
Cone v. Nola Cone, 132 So. 2d 611 (Fla. 3d DCA 1961)…allow a reasonable attorneys’ fee for services [*613] rendered subsequent to the final decree of divorce. In all other respects, the decree is affirmed. Affirmed in part, reversed in part and remanded with directions. . Cone v. Cone, Fla.App.1959, 114 So. 2d 461. . Cone v. Cone, Fla.App.1960, 120 So. 2d 244.…
-
Cone v. Cone, 116 So. 2d 775 (Fla. 1959)…Certiorari denied without opinion. 114 So. 2d 461.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Engebretsen v. Toley Engebretsen, 151 Fla. 372 (Fla. 1942)
- Benson v. Benson, 102 So. 2d 748 (Fla. 3d DCA 1958)
- Trobaugh v. Trobaugh, 81 So. 2d 629 (Fla. 1955)