L. N. OATLEY
v.
LOUISE OATLEY
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The Florida Supreme Court affirmed a divorce decree where the husband was ordered to transfer his interest in jointly owned property to the wife in lieu of alimony, suit fees, attorney's fees, and costs. The court found no clear error in the award, given the wife's equal interest in the property and the lack of evidence showing the award was unreasonable.
The court held that the award was not clearly erroneous or unreasonable. The wife had an equal interest in the property, and the husband failed to demonstrate that the award was excessive or unjustified based on the pleadings and evidence.
“As the wife had the same interest in the real estate that the husband had, it being held "by the entireties," and as [*849] it is not clearly shown what if any personal property of the husband and the value thereof, is awarded to the wife, and as the husband is not shown to have paid any of the costs and fees of the divorce proceedings, and as it is not shown that the award is clearly erroneous or unreasonable on the pleadings and evidence, the decree is affirmed.”
This quote summarizes the court's reasoning for affirming the lower court's decision, highlighting the wife's equal property interest and the lack of evidence presented by the husband to show the award was erroneous or unreasonable.
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Join FLexlaw to unlock all legal intelligenceA wife was granted a divorce from her husband on grounds of extreme cruelty and desertion. In lieu of alimony, suit fees, attorney's fees, and costs, …
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—The appeal herein is from a final decree granting divorce to the wife on alleged grounds of extreme cruelty and desertion; and “in lieu of alimony, suit fee, attorney’s fee, and costs,” decreeing that the husband convey to the wife all of the interest he has in described real estate, which as shown was held by the husband and wife “by the entireties,” “and the house located thereon and the household furnishings therein” with stated exceptions as to an automobile, personal effects and other personal property owned by the husband located in the garage building on the premises “which award is to be in full and complete satisfaction and settlement of any alimony, suit fee, attorney’s fee and costs owing, by the said defendant to complainant.”
The contentions on appeal relate, not to the part of the decree granting a divorce to the wife, but to the award made in lieu of alimony, etc.
As the wife had the same interest in the real estate that the husband had, it being held “by the entireties,” and as *849it is not clearly shown what if any personal property of the husband and the value thereof, is awarded to the wife, and as the husband is not shown to have paid any of the costs and fees of the divorce proceedings, and as it is not shown that the award is clearly erroneous or unreasonable on the pleadings and evidence, the decree is affirmed.
Affirmed,
Ellis, C. J., and Whitfield, Terrell, Brown, Buford and Chapman, J. J., Concur.