Burns v. Burns

Supreme Court of Florida

Burns v. Burns

185 So. 328, 135 Fla. 619, 1938 Fla. LEXIS 1607

DecidedDecember 19, 1938

StatusPublished

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Bluebook

Burns v. Burns, 185 So. 328, 135 Fla. 619, 1938 Fla. LEXIS 1607 (Fla. 1938).

Pincite

Opinion

Terrell, C. J.

This appeal is from a final decree granting a divorce on the ground of extreme cruelty and frequent indulgence in a violent and ungovernable temper.

It is contended here that the final decree should be reversed because the evidence does not support the finding of the Chancellor as to the equities of the cause or as to the grounds on which the divorce was claimed and granted. It is also urged that the Chancellor erred in refusing to decree attorneys’ fees and alimony for the Appellant.

We have examined the record and find ample support for the final decree on both points. This court will not reverse for a mere difference of opinion between counsel and the Chancellor as to what the evidence shows. It must be shown that the Chancellor was influenced by other consid *620 erations or misconceived the probative force of the evidence.

Affirmed.

Buford, and Thomas, J. J., concur. Whitfield, P. J., and Brown and Chapman, J. J„ concur in the opinion and judgment.

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