JOHN PALMERI,
v.
JOSEPHINE PALMERI
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The Florida Supreme Court reversed a divorce decree, finding insufficient evidence for the stated ground of desertion, but noted sufficient evidence for cruel and inhuman treatment, which was not pleaded. The case was remanded to allow the wife to amend her complaint.
No, the evidence presented was insufficient to establish willful, obstinate, and continued desertion. However, the evidence was sufficient to support a divorce on the ground of cruel and inhuman treatment, which was not pleaded.
“We have carefully examined the record and find sufficient evidence to support a decree in favor of the wife on the ground of cruel and inhuman treatment but such ground is not set up in the bill of complaint.”
This quote establishes that the evidence supported a different ground for divorce than the one alleged.
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Join FLexlaw to unlock all legal intelligenceA wife filed for divorce alleging willful, obstinate, and continued desertion by her husband. The trial court granted a final decree of divorce. The h…
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The appeal brings for review final decree of divorce in a suit seeking divorce on the ground of willful, obstinate and continued desertion of the wife by the husband.
We have carefully examined the record and find sufficient evidence to support a decree in favor of the wife on the ground of cruel and inhuman treatment but such ground is not set up in the bill of complaint. The evidence, however, is insufficient to establish willful, obstinate and continued desertion as required by the statutes.
The decree is reversed with leave to the Court below to permit complainant to amend her bill of complaint as she shall be advised and, thereupon, to further proceed in accordance with law and the rules of practice.
So ordered.
Reversed with directions.
Ellis, C. J., and Terrell and Buford, J. J., concur.
Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
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