FRANCES G. REED, APPELLANT,
v.
ERNEST L. REED, JR., APPELLEE

Fla. 1st DCA | 1969-08-28
No. L-143
SPECTOR, J., concurs., RAWLS, J., concurs specially.
226 So. 2d 114 Florida District Court of Appeal, First District (1969) Positive Treatment
Cited by 2 cases

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Synopsis

In this divorce appeal, the Florida District Court of Appeal reversed and remanded a final decree that awarded custody of minor children to the mother but made no mention of alimony or findings regarding the equities of the parties. The court held that the trial court must make explicit findings on the equities and give proper consideration to alimony for the custodial mother.


Holding

The trial court erred by failing to make explicit findings regarding the equities of the parties and by not adequately considering alimony for the custodial mother. The decree must be reversed and remanded for the trial court to adjudicate wherein the equities lie and to give proper consideration to alimony, taking into account both modern expectations that women work and the practical needs of the mother caring for minor children.


Key Quotes

“the trial court should not overlook the necessity of the mother of a young child eating also and she should not be required to obtain her slice of bread from the loaf of one of her children furnished by the father pursuant to a court mandate”

Establishes that custodial mothers with minor children have legitimate subsistence needs that alimony may address, not merely child support.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

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Facts & Procedural History

Frances G. Reed and Ernest L. Reed, Jr. were divorced. The trial court awarded custody of their minor children to the mother (appellant) and ordered t…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
JOHNSON, Chief Judge.

JOHNSON, Chief Judge.

This is an appeal from a final decree of divorce in which the minor children were awarded to the mother, appellant herein, with stated sums of money to be paid by the appellee-father, for support of each child.

No mention of alimony was made m the final decree and neither did the court express a finding of with whom the equities existed.

The appellant assigned as error, only the failure to allow alimony.

By order of the lower court no part of the evidence pertaining to the grounds and proofs on the divorce proper was transcribed and furnished as a part of the record. The only portion of the evidence transcribed and furnished this court in the record pertains to property and income of the parties. Therefore, we have no record of facts from which we may determine what other, if any, factors, were considered by the trial court in entering the final decree of divorce, without making any adjudication as to alimony or the equities of the respective parties.

*115We are cognizant of the trial court’s comment with regard to the fact that the time has come when it’s as important for a woman to work as it is a man, but under the decisions of our Supreme Court, this may be one of the factors in determining the amount of alimony, if any, but the trial court should not overlook the necessity of the mother of a young child eating also and she should not be required to obtain her slice of bread from the loaf of one of her children furnished by the father pursuant to a court mandate. In the case sub judice we are not in a position to render an opinion on the error or correctness of the decree in making no reference to alimony, because of the lack of a record. What record we do have indicates that the court should give some consideration of alimony or support to the wife, but we do not pass on the contentions of the appellant with reference to alimony inasmuch as the ultimate question of wherein lie the equities of the parties, as may be determined by the trial court, might have a direct bearing on these aspects of the final decree. This cause must be reversed and remanded in view of the holding of our Supreme Court in the case of Friedman v. Friedman, 100 So.2d 167 (Fla.1958), for the lower court to correct its final decree, by adjudicating wherein lie the equities, and we can only suggest that the lower court give due consideration to the suggestions supra, as the same relates to alimony, not losing sight of the fact that there are minor children who need the mother’s presence, if practical, and her need for sustenance.

Reversed and remanded, under authority of Friedman v. Friedman, supra.

SPECTOR, J., concurs.

RAWLS, J., concurs specially.

RAWLS, Judge

(specially concurring).

I am in accord with the conclusion by the majority of remanding this cause for further proceedings. However, the opinion of the majority strongly infers that the trial judge must as a matter of law grant alimony to the wife. I do not agree with this inference.

Further, the trial court granted a liberal award for child support. It appears that the wife may well within the decree being reviewed find a slice from the children’s loaf of bread for herself. It is my view that all money matters, including the amount awarded for child support, should be reconsidered by the Chancellor in his review of the instant decree.

Concurrence
RAWLS, Judge

RAWLS, Judge

(specially concurring).

I am in accord with the conclusion by the majority of remanding this cause for further proceedings. However, the opinion of the majority strongly infers that the trial judge must as a matter of law grant alimony to the wife. I do not agree with this inference.

Further, the trial court granted a liberal award for child support. It appears that the wife may well within the decree being reviewed find a slice from the children’s loaf of bread for herself. It is my view that all money matters, including the amount awarded for child support, should be reconsidered by the Chancellor in his review of the instant decree.


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Citator

Cited By

  • Reed v. Reed, 244 So. 2d 449 (Fla. 1st DCA 1971)
    …nal judgment in a divorce suit, the issue herein being the failure to award alimony to appellant. This matter has been before the court earlier at which time we entered our decision remanding the case for further action. Said decision is reported at 226 So. 2d 114. Upon consideration of the record on appeal, the briefs and the arguments of counsel, it is our view that there is a sufficient evidentiary showing of a likelihood that appellee’s financial circumstances will materially improve hereafter, thus enab…

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