MARION ROSCOE COLLINS, APPELLANT,
v.
NANNIE LOU COLLINS, APPELLEE
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An ex-husband was held in contempt for failing to pay a mortgage on property required to be transferred to his ex-wife under the divorce settlement agreement. The court affirmed the contempt order, finding the ex-husband failed to demonstrate reversible error and that the lower court properly interpreted the agreement as obligating him to satisfy the mortgage regardless of the source of funds.
The contempt order was affirmed. The court held that the defendant failed to demonstrate reversible error and that the lower court properly construed the ambiguous agreement to require the defendant to pay the mortgage indebtedness regardless of the source of funds.
“There is some ambiguity in the agreement, which the court construed to mean that the defendant had obligated himself to pay the indebtedness necessary to satisfy said mortgage on the Six Mile Creek property regardless of the source of the funds.”
Establishes the court's interpretation of the settlement agreement and the defendant's obligation to pay the mortgage from any available source.
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Join FLexlaw to unlock all legal intelligenceThe parties divorced in September 1963 under a decree that incorporated a property settlement agreement requiring the defendant to convey title to pro…
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This is an interlocutory appeal by the defendant, Marion Roscoe Collins, from a post decretal order holding the defendant in contempt for failure to satisfy a mortgage.
The parties were divorced in 1963 under a decree which incorporated a stipulation and property settlement agreement which included a provision that the defendant would convey to the plaintiff title to certain property known as “Six Mile Creek Place,” and that further, the defendant would pay an existing mortgage on said property.
The final decree was entered September 13, 1963. As a result of a Rule to Show Cause, defendant was adjudged in contempt of court on February 12, 1964 for failure to deliver certain personal property to the plaintiff, and to satisfy the mortgage on the Six Mile Creek property. Again as a result of defendant’s failure to comply with said order by satisfying said mortgage, he was adjudged in contempt of court on November 27, 1964. Said order allowed him thirty days from the date thereof to pay said mortgage, and upon failure to make said payment, to serve sixty days in jail, to remain therein until the sentence was served or until he complied with the order of the court. It is the order of November 27, 1964 that we have for review.
There is some ambiguity in the agreement, which the court construed to mean that the defendant had obligated himself to pay the indebtedness necessary to satisfy said mortgage on the Six Mile Creek property regardless of the source of the funds. The same chancellor who granted the divorce to the parties has had the parties and their attorneys before him on numerous occasions, including the two hearings on Rule to Show Cause. The testimony of the parties was taken, and the chancellor *232liad an opportunity to observe the demeanor of the parties and to fully consider the dispute between them.
The defendant has failed on appeal to demonstrate that the chancellor has committed' reversible error. Pearce v. Pearce, Fla.App.1957, 97 So.2d 329. Accordingly, the Order appealed from is
Affirmed.
SHANNON, Acting C. J., concurs.
KELLY, CLIFTON M., Associate Judge, dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Riley v. Riley, 509 So. 2d 1366 (Fla. 5th DCA 1987)…. 1273, 16 L.Ed.2d 308 (1966); Pearce v. Pearce, 97 So. 2d 329 (Fla. 2d DCA 1957). . See also Firestone v. Ferguson, 372 So. 2d 490 (Fla. 3rd DCA 1979) (former wife required to execute contract for sale of Kentucky real estate); Collins v. Collins, 179 So. 2d 231 (Fla. 2d DCA 1965), cert. denied, 188 So. 2d 316 (Fla. 1966) (contempt enforcement of former husband’s obligation under settlement agreement to deliver personal property and satisfy a mortgage upheld). . Homer Clark, The Law of Domestic Relations i…
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Horne v. Annsulette B. Horne, 233 So. 2d 198 (Fla. 1st DCA 1970)…before the Court, the briefs and record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the order of the lower court appealed from herein is affirmed. See Collins v. Collins, 179 So. 2d 231 (Fla.App.196S), cert. den. in 188 So. 2d 316 (Fla.1966). JOHNSON, C. J., and CARROLL, DONALD K. and RAWLS, JJ., concur.…
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Collins v. Collins, 188 So. 2d 316 (Fla. 1966)…Certiorari denied without opinion. 179 So. 2d 231.…
Authorities Cited
- Pearce v. Pearce, 97 So. 2d 329 (Fla. 2d DCA 1957)