FLORIA A. JAMESON AND MABEL WILE, ET VIR.
v.
WILLIAM L. JAMESON
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The Florida Supreme Court reversed a divorce decree, finding insufficient evidence to support the grounds of desertion. The court also ordered the cancellation of notices of lis pendens upon dismissal of the bill of complaint.
No, there was no substantial evidence to support the decree of divorce.
“We have carefully considered the evidence in the cas'e and find no substantial evidence to support the decree.”
This quote establishes the court's primary reason for reversing the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceThe case involved a divorce suit where the grounds alleged were willful, obstinate, and continued desertion by the defendant for over a year. A final …
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The appeal in this case brings for review a final decree of divorce granted on an amended bill of complaint, answer and testimony taken.
The grounds alleged for divorce were in general terms; willful, obstinate and continued desertion of the complainant by defendant for a period of more than one year prior to the institution of suit.
We have carefully considered the evidence in the cas'e and find no substantial evidence to support the decree.
Therefore, same should be reversed and it is so ordered.
Reversed.
Whitfield, C. J., and Terrell, Buford and Davis, J. J., concur.
Supplemental Order.
It having come to our attention that notice of lis pendens was filed upon the institution of this suit *141in the court below describing certain lands in Orange County and certain other lands in Lake County and which notice of Us pendens has been filed in the office of the Clerk of the Circuit Court in each county, and it further appearing that the disposition of the case here by the Order made herein on October 3, 1935, requires the court below to enter an Order dismissing the bill of complaint.
It Is Now Ordered and Adjudged that upon the bill of complaint being dismissed in the court below the notices of Us pendens above referred to shall stand canceled and be of no force or effect.
So ordered.
Whitfield, C. J., and Terrell, Buford, and Davis, J. J., concur.
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Am. Land Dev. Corp. v. Hillman, 138 So. 2d 756 (Fla. 2d DCA 1962)…ce of a suit * * * it is not prohibited from instituting one; but, if challenged, further action on it is stayed or it becomes dormant pending the corporation’s compliance with the law. * * *’ Burton v. Oliver Farm Equipment Sales Co., 121 Fla. 148, 163 So. 468, 469. “At the time the court ruled on the motion for summary judgment and rendered its final judgment on the merits, the plaintiff corporation was in good standing under chapter 610, Florida Statutes 1951, F.S.A., and was entitled to go forward wit…1 / 2
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1825 Collins AVE. Corp. v. Rudnick et ux., 67 So. 2d 424 (Fla. 1953)…of a suit * * * it is not prohibited from instituting one; but, if challenged, further action on it is stayed or it becomes dormant pending the corporation’s compliance with the -law. * * * ” Burton v. Oliver Farm Equipment Sales Co., 121 Fla. 148, 163 So. 468, 469. At the time the court ruled on the motion for summary judgment and rendered its final judgment on the merits, the plaintiff corporation was in good standing under chapter 610, Florida Statutes 1951, F.S.A., and was entitled to go forward with…
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