MCMULLEN
v.
MCMULLEN

Fla. | 1953-11-20
THOMAS, SEBRING, HOBSON, MATHEWS and DREW, JJ., concur., ROBERTS, C. J., and TERRELL, J., dissent.
68 So. 2d 179 Florida Supreme Court (1953) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We-are convinced that there was no evidence to warrant a final decree of divorce and that notwithstanding the lack of exceptions to the master’s report the chancellor should have dismissed the cross bill as well as the bill. See Lyon v. Lyon, Fla., 54 So. 2d 679.

The decree is reversed with directions to dismiss the cause.

THOMAS, SEBRING, HOBSON, MATHEWS and DREW, JJ., concur. ROBERTS, C. J., and TERRELL, J., dissent.


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  • ACE Delivery Serv., Inc. v. Boyd, 100 So. 2d 417 (Fla. 1958)
    …the responsibility of the Judge is to examine the evidence and determine whether under the law and facts the Court is justified in entering the decree recommended by the master. Lyon v. Lyon, Fla.1951, 54 So. 2d 679; McMullen v. McMullen, Fla.1953, 68 So. 2d 179. We have been referred to nothing in the Rules of the respondent Commission or the statutes applicable to procedures before the Commission which limits the Commission to a consideration of exceptions only at final hearing after a matter has been re…
  • Woolfson v. Alynn Rose, 448 So. 2d 1176 (Fla. 3d DCA 1984)
    …o examine and carefully consider the evidence and determine whether under the law and the facts the court is justified in entering the decree recommended by the Master.’ ”) (quoting Lyon v. Lyon, 54 So. 2d 679, 680 (Fla.1951)); McMullen v. McMullen, 68 So. 2d 179 (Fla. [*1178] 1953) (reversing because of insufficient evidence the court’s entry of final decree of divorce, notwithstanding lack of exceptions to master’s report recommending entry of decree); Bell v. Bell, 307 So. 2d 911 (Fla. 3d DCA 1975). See a…

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