ETHEL RAMSEY
v.
JOSEPH GALES RAMSEY
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The Florida Supreme Court affirmed a divorce decree, finding the lower court had sufficient evidence of statutory residence and extreme cruelty, despite the appellant's contentions to the contrary.
Yes, the allegations in the bill of complaint were sufficient to meet the statutory requirements for residence and to support a decree for divorce based on extreme cruelty.
“The test to determine the sufficiency of a bill of complaint to support a final decree of divorce for extreme cruelty was defined in the case of Diem v. Diem, decided by this Court January 5, 1940.”
Establishes the legal standard applied to the sufficiency of the divorce complaint.
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Join FLexlaw to unlock all legal intelligenceThe appellee (husband) filed a bill of complaint seeking a divorce from the appellant (wife) on the grounds of extreme cruelty. The appellant argued t…
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This appeal is from a final decree granting appellee a divorce from appellant on the ground of extreme cruelty.
*666It is contended that the allegations of the bill of complaint are insufficient to show the statutory residence required of complainant to bring such a bill, that no acts constituting extreme cruelty are shown and that the bill is otherwise insufficient to support a decree for divorce.
The test to determine the sufficiency of a bill of complaint to support a final decree of divorce for extreme ■cruelty was defined in the case of Diem v. Diem, decided by this Court January 5, 1940. The allegations of the bill in this case are sufficient to meet that test and the latter case concluded this one on that point.
On the question of residence, much evidence was taken, some of which is in conflict, but the chancellor held that the required residence was shown and we find no reason to reverse his finding.
His judgment is therefore affirmed.
Affirmed.
Buford and Thomas, J. J., concur.
Wi-htfield, J., concurs in opinion and judgment.
Justices Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Gustave Albert Sauer v. Sauer, 154 Fla. 827 (Fla. 1944)…record is legally insufficient to support the decree entered below. Careful consideration has been given to all the evidence and the applicable law and it is our conclusion that the evidence is sufficient to support the decree. See Ramsay v. Ramsay, 141 Fla. 665, 193 So. 759; Diem v. Diem, 141 Fla. 807, 193 So. 65; Forde v. Forde, 152 Fla. 142, 10 So. (2nd) 919. The custody and welfare of a child or children of divorced parents can and may be inquired into on application to a court of competent jurisdiction…