EULA FRANCES GILBERT
v.
J. M. GILBERT
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.
In this divorce case, the Florida Supreme Court affirmed a lower court's decree granting a divorce on grounds of the defendant wife's violent and ungovernable temper that rendered cohabitation intolerable. The court applied the standard that a chancellor's factual findings will not be disturbed on appeal unless clearly erroneous.
The court affirmed the decree, finding that although evidence on material points was in sharp conflict, the lower court did not err in granting the divorce when considering the probative weight and value of all testimony as a whole.
“a chancellor's finding and conclusion on facts will not be disturbed unless the evidence shows clearly that such finding and conclusions are erroneous”
Establishes the governing standard of review for appellate courts examining factual findings by trial chancellors
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn March 10, 1936, the plaintiff husband filed for divorce against his wife, Eula Frances Gilbert, in Highlands County Circuit Court, alleging she had…
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 Court Costs cases and more on FLexlaw
On March 10, 1936, plaintiff below, appellee here, filed in the Circuit Court of Highlands County, Florida, a bill for divorce against his wife, Eula Frances Gilbert. It was alleged in the bill of complaint that the defendant, Eula Frances Gilbert, had habitually indulged in a violent and ungovernable temper which rendered cohabitation intolerable and- life oppressive and burdensome, and because of these facts the health of the plaintiff had been injured. The defendant answered the bill of complaint and denied each and every the material allegations thereof and the cause was referred to a Special Master for the taking of testimony at Sebring, Florida. The same was considered or heard before the Honorable W. J. Barker on the 16th day of March, 1937, who entered a decree dissolving the bonds of matrimony and requiring the plaintiff to pay the sum of $15.00 per month as alimony, attorney’s fees and court costs, and the defendant being dissatisfied therewith appealed the cause to this Court and assigns as reversible error the decree dated March 16, 1937.
*648The question for consideration by this Court is whether or not the evidence is sufficient to sustain the final decree appealed from. The record shows that each party offered several witnesses who gave material testimony for each party. It is true that the evidence in some instances on material points is in sharp conflict, but considering the probative weight and value of the testimony as a whole, we cannot conclude that the lower court erred in entering the decree appealed from. See Nolen v. Nolen, 121 Fla. 130, 163 So. 401.
We have not overlooked the many authorities cited by counsel to the effect that an appellate court cannot reverse the findings of a Chancellor on facts unless it has been made to appear that the findings are clearly erroneous when considering all the evidence.
In the case of Holland v. Evans, 113 Fla. 839, text pp. 840-41, 152 So. 621, this Court said:
“The case presents a question of. the sufficiency of the evidence to support the chancellor’s finding. A rule which this Court has observed from its earliest history is that a chancellor’s finding and conclusion on facts will not be disturbed unless the evidence shows clearly that such finding and conclusions are erroneous. See Waterman v. Higgins, 28 Fla. 660, 10 South. Rep. 97; Fuller v. Fuller, 23 Fla. 236, 2 South. Rep. 426; Lewter v. Price, 25 Fla. 574, 6 South. Rep. 439; Bothamly v. Queal, 58 Fla. 396, 50 South. Rep. 415; Viser v. Willard, 60 Fla. 395, 53 South. Rep. 501; Theisen v. Whiddon, 60 Fla. 372, 53 South. Rep. 642; Bank of aJsper v. Tuten, 62 Fla. 423, 57 South. Rep. 238; Dixon Lumber Co. v. Jennings, 63 Fla. 405, 57 South. Rep. 615; Terra Ceia Estates v. Taylor, 68 Fla. 261, 67 South. Rep. 169; McGill v. Chappelle, 71 Fla. 479, 71 South. Rep. 836; Farrell v. Forest Inv. Co., 73 Fla. 191, 74 South. Rep. *649216; Hill v. Beacham, 79 Fla. 430, 85 South. Rep. 147; Sandlin v. Hunter, 70 Fla. 514, 70 South. Rep. 553; Shad v. Smith, 74 Fla. 324, 76 South. Rep. 897; Edney v. Stinson, 90 Fla. 335, 105 South. Rep. 821.
“Where the- evidence is conflicting the finding of the chancellor will not be disturbed unless such finding is clearly shown to be erroneous is a mere corollary to the rule announced above, because the chancellor must consider the evidence, weigh its probative value and determine from the spoken words of the witnesses and such documents as are offered in evidence the truth of the given proposition under consideration by him. If the finding which he makes from the conflicting statements of witnesses is to be disturbed it must be because the evidence considered in its entirety is clearly irreconcilable with the conclusion reached by him.”
The record fails to disclose error and for this reason the decree appealed from is hereby affirmed.
Whitfield, P. J., and Brown, J., concur.
Ellis, C. J., and Terrell and Buford, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (18 total)
- Farrell v. Forest Inv. Co., 73 Fla. 191 (Fla. 1917)
- Rosa Chappelle McGill and her husband S. D. McGill v. Chappelle, 71 Fla. 479 (Fla. 1916)
- Giles v. Garland, 70 Fla. 514 (Fla. 1915)
- Aden E. Waterman v. Reola A. Higgins, 28 Fla. 660 (Fla. 1891)
- Shad v. Smith, 74 Fla. 324 (Fla. 1917)
- Hill v. Braxton Beacham and Berta Beacham, 79 Fla. 430 (Fla. 1920)
- Fuller v. Abbe A. Fuller, 23 Fla. 236 (Fla. 1887)
- Terra Ceia Ests. v. Nannie E. Taylor, 68 Fla. 261 (Fla. 1914)
- Viser v. Willard, 60 Fla. 395 (Fla. 1910)
- Edney v. Stinson, 90 Fla. 335 (Fla. 1925)