BRICKMAN
v.
BRICKMAN

Fla. | 1953-04-28
ROBERTS, C. J., and THOMAS and DREW, JJ., concur.
64 So. 2d 685 Florida Supreme Court (1953) Caution
Cited by 4 cases

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.

Synopsis

In this divorce case, the Florida Supreme Court reversed a lower court decision denying divorce to both parties, holding that the husband was guilty of constructive desertion despite the wife's physical departure from the marital home. The court recognized that the spouse responsible for reconciliation must take the initial step, and the husband's failure to do so, combined with his conduct indicating he did not wish to resume cohabitation, constituted desertion.


Holding

The court held that the husband was guilty of constructive desertion. Under Florida law, the husband as head of the family had the obligation to take the initial step toward reconciliation even though the wife had left the home; his failure to do so and his conduct demonstrating he did not intend to live with his wife constituted desertion justifying a divorce in favor of the wife.


Key Quotes

“the former, who is the head of the family, is required to take the initial step toward effectuating a reconciliation and a restoration of the marital relation "even where the original separation was wrongful on her [the wife's] part".”

Establishes the legal principle that the husband has the duty to initiate reconciliation even if the wife wrongfully left

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

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Facts & Procedural History

Joseph and Rose Brickman separated on or about October 14, 1950, when the wife left the mutual home in New York and went to Florida. Both spouses file…

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Topics

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Opinion of the Court
HOBSON, Justice.

HOBSON, Justice.

This appeal is from a final decree of the Circuit Court of the Ninth Judicial Circuit bearing date September .24, 1952, which dismissed the appellee’s bill of complaint for divorce predicated upon desertion .and likewise dismissed the counterclaim interposed by the appellant who was defendant below and who in and by said counterclaim sought a decree of divorce on the same ground.

The master to whom this cause was referred recommended ' that a divorce be granted to the appellee and that the appellant’s prayer for a divorce contained-in her counterclaim be denied. The Chancellor sustained exceptions to the master’s report. In and by the final.: decree he denied a divorce to .the appellee contrary to ..the master’s recommendation but followed the master’s suggestion and also denied appellant’s prayer for divorce.

There is conflicting testimony in regard to the question — which spouse intended to bring the cohabitation to an end at the time the appellant wife left the mutual home of the parties in New York. Each points an accusing finger at the other. It is admitted by both appellant and appellee that they separated on or about October 14, 1950, and have not lived together as husband and wife since that date. •

In the case of Hudson v. Hudson, 59 Fla. 529, 51 So. 857, 29 L.R.A.,N.S., 614, 138 Am.St.Rep. 141, 21 Ann.Cas. 278, and again in Gordon v. Gordon, Fla., 59 So. 2d 40, we recognized the general rule that when husband and wife separate the former, who is the head of the family, is required to take the initial step toward effectuating a reconciliation and a restoration of the marital relation “even where the original separation was wrongful on her [the wife’s] part”. [59 Fla. 529, 51 So. 859.] It is clear from the evidence in this case that the husband failed to do anything designed to effect a reconciliation. It is also quite evident that he did not at any time wish to resume cohabitation with the appellant. Consequently, we are constrained to hold that it was he who was guilty of desertion of the type which in this jurisdiction is classified as “constructive.”

Moreover, it is our conclusion from the testimony that the husband by his conduct generally and in particular by his attitude toward the matter of reconciliation has made it appear crystal clear that it was he who desired to bring the marital relationship to an end.

The conduct of Joseph Brickman subsequent to the separation of the parties strengthens our conclusion that he did not intend to live with his wife after he took her to the Pennsylvania Station in New York City and gave her money to use on her trip to Daytona Beach, Florida. Not only did he never attempt to bring about a resumption of cohabitation but he sent her money on only one or two occasions and the small sums which he did forward her were admittedly not for her support. Furthermore, although he came to this State, resided in Orlando and spent numerous weekends in Daytona Beach, he even failed to visit his wife much less in good faith importune her to return to him and resume cohabitation.

The final decree from which this appeal is prosecuted is reversed with directions to the Chancellor to enter a decree of divorce in favor of appellant Rose Brick-man. See Miller v. Miller, Fla. 60 So. 2d 926. The Chancellor is further directed to reconsider the appellant’s application for permanent alimony.

Reversed with directions.

ROBERTS, C. J., and THOMAS and DREW, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Reid v. Reid, 113 So. 2d 574 (Fla. 3d DCA 1959)
    …at the husband abandoned the marital residence. Thereafter the wife moved to an apartment. There is no evidence to prove the husband’s re-establishment of a home or an invitation to the wife to join him in a home. See Brickman v. Brickman, Fla.1953, 64 So. 2d 685; Betts v. Betts, Fla.1953, 63 So. 2d 302. The wife’s action in moving to other quarters after her husband left her cannot be construed as a willfil and obstinate desertion. The appellant’s objection to the form of the decree is not well taken. Whil…
  • Rodda v. Rodda, 159 So. 2d 259 (Fla. 3d DCA 1964)
    …172; Stoller v. Jaffe, Fla. [*260] App.1960, 125 So. 2d 310. As to the first error urged [to wit: the burden on the husband to seek a reconciliation], the case cited as authority for the proposition by the ap-pellee [Brickman v. Brickman, Fla.1953, 64 So. 2d 685] was one wherein the grounds upon which a divorce was sought by the husband was desertion; whereas in the instant case the ground is extreme cruelty. The principle requiring- the husband to seek a reconciliation when attempting to secure a divorce u…

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