J. W. HILL
v.
JULIA HILL
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This case addresses the property rights of spouses in a jointly-acquired business during divorce proceedings. The Florida Supreme Court affirmed the lower court's finding that both husband and wife had an interest in Hill Welding and Machine Company, and upheld the chancellor's decree awarding the wife a monthly payment from the business without requiring exact percentage determination or joining the vendors of related real property.
1) The chancellor's finding is upheld because there is substantial legal evidence supporting it. 2) The court need not specify exact percentages of interest where it fixes a specific monthly payment to the wife and retains jurisdiction over the business. 3) The wife has an equitable interest in the real estate purchase contract, and the vendors are neither necessary nor proper parties to the divorce suit since their interests in the property are unaffected by adjudication of equities between the spouses.
“where there is substantial legal evidence to support the findings of the chancellor such findings will not be disturbed”
Establishes the standard of review: substantial evidence standard protects chancellor's findings from appellate reversal
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Join FLexlaw to unlock all legal intelligenceHusband and wife jointly purchased and built up a business known as Hill Welding and Machine Company through their combined efforts, labor, and capita…
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It appears to us that the questions presented by the record for our determination are, as stated by the appellee, as follows:
1. “Was there substantial legal evidence presented to the Chancellor sufficient to support his finding that the wife *572had an interest in the business known as Hill Welding and Machine Company?
“2. Where a Chancellor finds that husband and wife have together, by their joint efforts, labor and capital, purchased and built up a business, which cannot be divided without manifest injustice to both parties, is it essential to the validity of a decree finding that both husband and wife have an interest in such business, that the exact percentage of their interests be therein set forth, where the Court fixes the exact amount the wife is to receive monthly from said business, and places the husband in possession thereof, and reserves jurisdiction to make further orders concerning said business.
“3. Where both husband and wife enter into a contract to purchase real estate, and the purchase price is to be paid from profits of a business owned by them, and title to the property, when paid for, to be taken in the husband’s name, does the wife have an equitable interest in the contract to purchase; and are the vendors in said contract necessary parties to a divorce suit, wherein the wife seeks only to establish an equitable interest in said contract, without in any manner effecting the rights of the vendors ?”
The purpose of Rule 20 as amended is to accomplish just what the statement of these questions does accomplish. By the very statements of the questions, the answers become clearly apparent. The answer to the first question is found in the established holding that where there is substantial legal evidence to support the findings of the chancellor such findings will not be disturbed and a perusal of the record here discloses that there is ample legal evidence to-support the findings complained of.
The answer to the second question is found in the recognized right in this jurisdiction in a court of chancery to-*573determine and adjudicate the property rights between husband and wife, either as an incident to a suit for divorce, or in an independent suit. See Honaker v. Miles, et al., opinion filed this term of the Court, and authorities therein cited.
The answer to the third question is found in the holding in the case last above cited to the effect that the property rights between husband and wife may be adjudicated in a chancery suit and as -the vendors of property in which the husband and wife both claim property rights have no interest whatever in the equities of ownership as between the husband and wife, they are neither necessary nor proper parties to a suit for divorce between the husband and wife in which it is sought to have their respective property rights adjudicated.
A review of the record discloses that there was substantial legal evidence to support the findings of the Chancellor and as no principles of law were violated by the terms of the decree, the same should be affirmed.
So ordered.
Affirmed.
Whitfield, C. J., and Terrell, Brown, Buford, and Davis, J. J., concur.
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Picchi v. Picchi, 100 So. 2d 627 (Fla. 1958)…equately supported by the facts. There can be no doubt that in a divorce proceeding there is jurisdiction in a court of chancery to determine and adjudicate the property rights between a husband and wife as an .incident to the divorce. Hill v. Hill, 123 Fla. 571, 167 So. 414. Likewise in the same proceeding it is not inappropriate to bring the case any third [*630] party claimants to property in which the husband and wife claim a joint interest. Fields v. Fields, 1948, 160 Fla. 561, 35 So. 2d 722. On this…
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Francis v. Francis, 133 Fla. 495 (Fla. 1938)…Meloche, 101 Fla. 659, 133 Sou. 339, 140 Sou. 319. See Carlton v. Carlton, 78 Fla. 252, 83 Sou. 87; Taylor v. Taylor, 100 Fla. 1009, 130 Sou. 713; Heath v. Heath, 103 Fla. 1071; 138 Sou. 796; Ammer v. Ammer, 113 Fla. 368, 151 Sou. 711; Hill v. Hill, 123 Fla. 571, 167 Sou. 414. The rule is well settled that a final decree or order based largely or solely upon questions of fact will not be reversed unless the evidence clearly shows it to be erroneous. Stanley v. Thompson, 62 Fla. 576, 57 Sou. 196; Bank v. Tu…
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Clawson v. Clawson, 54 So. 2d 161 (Fla. 1951)…roperty rights, either as an incident to her suit for separate maintenance or in an independent action. The fact that she combined the applications and failed in one does not deprive the Court of jurisdiction to determine the other. In Hill v. Hill, 123 Fla. 571, 167 So. 414; this Court referred to "* * * the recognized right in this jurisdiction in a court of chancery to determine and adjudicate the property rights between husband *164 and wife either as an incident to a suit for divorce or in an independe…
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