VIRA P. STANSBURY, APPELLANT,
v.
FRANK H. STANSBURY, APPELLEE
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This case involves an appeal from a divorce decree where the husband was granted a divorce, the wife's counterclaim was denied, and jointly held real estate was awarded to the husband. The appellate court affirmed the lower court's decision, finding no reversible error.
The appellate court held that there was no reversible error in the final decree. The court found that the cause was fully and fairly tried and the decision was adequately supported by the evidence.
“The cause appears to have been fully and fairly tried, and the decision rendered was, in its several aspects, adequately supported by the evidence.”
This quote explains the appellate court's reasoning for affirming the lower court's decision, indicating satisfaction with the trial process and evidentiary support.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe husband sued for divorce, and the wife counterclaimed for divorce and alimony. The chancellor granted the husband a divorce, denied the wife's cou…
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This appeal is from a final decree rendered in a divorce suit. The appellee Frank H. Stansbury, sued his wife Vira P. Stans-bury for divorce. She counterclaimed for divorce and for alimony. The cause was tried before the chancellor, whose decree granted the husband a divorce, denied the wife’s counterclaim and decreed, on evidence which the court found to be clear and convincing, that certain realty held jointly was the property of the husband. The parties married in 1945. The husband is 83 and the wife 44 years of age. The several questions presented on the appeal have been considered in the light of the record and briefs and are found to be without merit. The cause appears to have been fully and fairly tried, and the decision rendered was, in its several aspects, adequately supported by the evidence. No reversible error having been shown, the decree appealed from should be and hereby is
Affirmed.
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Hendricks v. State, 34 So. 3d 819 (Fla. 1st DCA 2010)…present in cases where the jury asks to view a specific portion of the transcript and defense counsel remains silent as the trial court denies the request and fails to explain the rules governing read-backs. Despite this risk, in LaMonte v. State, 145 So. 2d 889, 893 (Fla. 2d DCA 1962), the court found fundamental error when considering the related issue of whether the trial court erred in denying a jury’s affirmative request for a read-back even though defense counsel did not object to the ruling. In LaMon…
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Wilkerson v. State, 232 So. 2d 217 (Fla. 2d DCA 1970)…2, 138 So. 2d 388, and apply the same here. Considering the evidence in the case sub judice as a whole we are mindful of the rule of law laid down in Harrison v. State, Fla.App.1958, 104 So. 2d 391, and adhered to in LaMonte v. State, Fla.App.1962, 145 So. 2d 889, and Roby v. State, Fla.App.1969, 229 So. 2d 604 (the latter two cases by this 2nd District Court), as follows: “When circumstantial evidence is relied upon for a conviction in a criminal case, the circumstances, when taken together, must be of a c…
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Whitehead v. State, 273 So. 2d 146 (Fla. 2d DCA 1973)…d this, where circumstantial evidence is relied upon, such evidence must be consistent with guilt; but further, must be inconsistent with any reasonable hypothesis of innocence. Rhoden v. State, 227 So. 2d 349 (1st D.C.A.Fla.1969); LaMonte v. State, 145 So. 2d 889 (2d D.C.A.Fla.1962); Nash v. State, 188 So. 2d 391 (3d D.C.A.Fla. [*148] 1966) cert. den. 389 U.S. 857, 88 S.Ct. 93, 19 L.Ed.2d 123. The circumstances, which themselves must be proven beyond a reasonable doubt, must be of such a conclusive nature th…1 / 2
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