LORETTA M. HUWER, APPELLANT,
v.
CHARLES A. HUWER AND DORIS T. WILSON, APPELLEES

Fla. 2d DCA | 1965-05-21
No. 5084
SHANNON, Acting C. J., and STUR-GIS, WALLACE E., Associate Judge, concur.
175 So. 2d 242 Florida District Court of Appeal, Second District (1965) Positive Treatment
Cited by 10 cases

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Synopsis

Loretta Huwer appealed a final divorce decree granting her an absolute divorce from Charles Huwer on grounds of cruelty but rejecting her fraud claims regarding the division of approximately $130,000 in marital assets and a $26,000 judgment for co-defendant Doris Wilson. The appellate court affirmed the trial court's findings and decree.


Holding

The appellate court affirmed the trial court's decree, finding that the plaintiff failed to establish any conspiracy between the defendants to defraud her of any assets in which she had a legal or equitable interest, and that the court's findings on the grounds for divorce and property division were supported by the evidence.


Key Quotes

“the court found that the plaintiff had failed to establish any conspiracy between the defendant Charles A. Huwer and the defendant Doris T. Wilson to defraud plaintiff of any assets in which she had any legal or equitable interest”

Establishes the core holding that the conspiracy allegations were rejected by the trial court

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Facts & Procedural History

Loretta and Charles Huwer were married in 1934 and lived together until February 1963. During the marriage, they accumulated approximately $130,000 in…

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Opinion of the Court
ANDREWS, Judge.

ANDREWS, Judge.

This is an appeal by the plaintiff, Loretta M. Huwer, of a final decree granting her an absolute divorce from defendant Charles A. Huwer, dividing the property acquired by the parties during their marriage, and awarding a judgment for the co-defendant, Doris T. Wilson, against the defendant, Charles A. Huwer, in the amount of $26,000.00.

The plaintiff instituted suit for divorce alleging acts of extreme cruelty and adultery by the defendant, Charles A. Huwer. The parties were married in 1934, and lived together until February IS, 1963. The assets of the plaintiff and defendant Huwer, both individually and jointly, were found to have an aggregate value of approximately $130,000.00. Doris T. Wilson was named as co-defendant, who allegedly “engaged in romances or dalliances” with the defendant *243Huwer. The plaintiff also alleged that the defendants “entered into a scheme or conspiracy to deprive and defraud her of her proper share of the assets earned hy the plaintiff and defendant Huwer during their marriage.”

The defendant husband testified that he was indebted to the defendant Wilson in the amount of $79,000.00 for cash advanced for investment, and that the plaintiff had no interest, legal or equitable, in the $38,000.00 cash or securities valued at $15,000.00 delivered to the defendant Wilson as a part payment on the alleged indebtedness. The defendant Wilson cross-claimed for the $26,000.00 balance due on said indebtedness.

Extensive testimony was taken hy deposition and at the trial as to the grounds for divorce as well as concerning the financial affairs of the parties. All the points on appeal concern the financial and personal relationship as between the defendants Hu-wer and Wilson, and the resulting diminution of the ability of the defendant Huwer to account for his property.

The defendant Wilson’s explanation of the source of the $79,000.00 and of defendant Huwer’s management and disposition thereof and of their relationship creates a situation that appears implausible and incredulous. However, the relationship of the plaintiff and the defendant Huwer prior to their marriage discloses somewhat similar circumstances.

The court found that the plaintiff had failed to establish any conspiracy between the defendant Charles A. Huwer and the defendant Doris T. Wilson to defraud plaintiff of any assets in which she had any legal or equitable interest. The decree granted divorce on the grounds of cruelty, and set forth in considerable detail findings of fact upon which the decision was based. The court retained jurisdiction for further orders which might be necessary regarding alimony upon a showing of the necessities of the plaintiff and of the defendant husband’s ability to pay. This court will not retry and reweigh the testimony and evidence which was given before the trial court unless it is clearly demonstrated that the court has misconceived the weight and probative effect of the evidence, or has failed to apply the proper rules of law, or has applied an inapplicable rule of law.

A careful study of the record fails to demonstrate such errors as would justify disturbing the court’s decree. Joannou v. Joannou, Fla.App.1960, 117 So.2d 40.

Affirmed.

SHANNON, Acting C. J., and STUR-GIS, WALLACE E., Associate Judge, concur.


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Citator

Cited By

  • Silas L. Kelly v. Earnice Kelly, 186 So. 2d 89 (Fla. 2d DCA 1966)
    …R CURIAM. The briefs and the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower Court hereby appealed is affirmed. See Huwer v. Huwer, Fla.App.1965, 175 So. 2d 242. ALLEN, C. J., PIERCE, J., and LOVE, WILLIAM K., Associate Judge, concur.…
  • Sari Abelson v. Arie Lionel Bosem, 336 So. 2d 482 (Fla. 3d DCA 1976)
    …eight of a jury verdict. Such conclusions come to the appellate court clothed with a presumption of correctness and will not be disturbed on appeal where they are supported by substantial competent evidence. See, e. g., Huwer v. Huwer, Fla.App.1965, 175 So. 2d 242; Paul’s Drugs, Inc. v. Southern Bell Tel. & Tel. Co., Fla.App.1965, 175 So. 2d 203; Highland Lakes, Inc. v. Art Present Real Estate, Inc., Fla.App.1962, 147 So. 2d 348; Lowery v. Rosenberg, Fla.App.1962, 147 So. 2d 321; and 2 Fla.Jur., Appeals §§ 31…
  • Wiener v. Tito Cacace, Sr., 362 So. 2d 715 (Fla. 3d DCA 1978)
    …PER CURIAM. Affirmed. See Huwer v. Huwer, 175 So. 2d 242 (Fla.2d DCA 1965); Highlands Lakes, Inc. v. Art Present Real Estate, Inc., 147 So. 2d 348 (Fla.3d DCA 1962).…

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