RUBY E. O'DELL, APPELLANT,
v.
CARLTON B. O'DELL, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed a divorce decree, holding that the appellant failed to demonstrate that the chancellor's decision was clearly erroneous. The court emphasized the presumption of correctness afforded to the chancellor's findings when the evidence and witnesses were presented directly to him.
No, the appellant failed to demonstrate that the chancellor's decree was clearly erroneous. Therefore, the decree is affirmed.
“The decision of the chancellor carries with it the presumption of correctness on appellate review where, as here, the evidence and the witnesses were before him.”
Establishes the standard of review for appeals from a chancellor's decision.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThis case involves an appeal from a divorce proceeding. The chancellor (trial judge) issued a decree in favor of the plaintiff-appellee. The appellant…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Clearly Erroneous Standard cases and more on FLexlaw
This is an appeal from a divorce proceeding wherein the chancellor found in favor of plaintiff-appellee. It must be remembered that:
“The decision of the chancellor carries with it the presumption of correctness on appellate review where, as here, the evidence and the witnesses were before him. Joyner v. Andrews, Fla.App.1962, 137 So.2d 870, 872. It is incumbent upon the appellant to demonstrate that the decree appealed was clearly erroneous. Cowen v. Cowen, Fla. 1957, 95 So.2d 584; Tyler v. Tyler, Fla.App.1959, 108 So.2d 312; Cole v. Cole, Fla.App.1961, 130 So.2d 126. * * * ” Bennett v. Bennett, Fla.App. 1962, 146 So.2d 588, 589.
The appellant has failed to show that the chancellor’s decree was clearly erroneous and therefore the decree is affirmed.
Affirmed.
LILES, C. J., and SHANNON and PIERCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (25 total)
-
Brown v. Brown, 300 So. 2d 719 (Fla. 1st DCA 1974)…alimony award. As previously recited, lump sum alimony was statutorily authorized in 1947. In 1963 the legislature added the phrase “or both in its discretion” at the end of the last sentence of former Florida Statute 65.-08. In Gordon v. Gordon, 204 So. 2d 734 (Fla.App. 3rd 1967), the Third District Court of Appeal, in reviewing the dissolution of a marriage of 27 years, observed that the chancellor made provisions for the custody and support of three minor children. The Court next commented upon the rela…
-
DE Cenzo v. de Cenzo, 433 So. 2d 1316 (Fla. 3d DCA 1983)…l assets in order to maintain her standard of living is wrong as a matter of law. Holley v. Holley, 380 So. 2d 1098 (Fla. 2d DCA 1980); Lutgert v. Lutgert, 362 So. 2d 58 (Fla. 2d DCA 1978), cert. denied, 367 So. 2d 1125 (Fla.1979); Gordon v. Gordon, 204 So. 2d 734 (Fla. 3d DCA 1967). It is also wrong as a matter of economics. It is quite likely that Mrs. De-Cenzo will find herself in a new home not even approaching the equivalent of the marital home, which is farther away from [*1319] her daughter’s school, a…
-
Pfohl v. Pfohl, 345 So. 2d 371 (Fla. 3d DCA 1977)…orary, rehabilitative support. Except for the Sears stock, the husband’s assets are non-income producing. And it has been held that a spouse is not required to deplete capital assets in order to maintain a prior standard of living. Gordon v. Gordon, 204 So. 2d 734 (Fla. 3d DCA 1967). Moreover, alimony awards have been upheld where the spouse seeking alimony possessed assets comparable to that of the husband in this case. Harrison v. Harrison, 314 So. 2d 812 (Fla. 3d DCA 1975). The wife throughout these proce…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cole v. Cole, 130 So. 2d 126 (Fla. 1st DCA 1961)
- Isabel M. Cowen (Papert) v. Cowen, 95 So. 2d 584 (Fla. 1957)
- Bennett v. Lysle A. Bennett, 146 So. 2d 588 (Fla. 2d DCA 1962)
- Tyler v. Tyler, 108 So. 2d 312 (Fla. 2d DCA 1959)
- Joyner v. Andrews, 137 So. 2d 870 (Fla. 2d DCA 1962)