Jurney v. Jurney

District Court of Appeal of Florida

Jurney v. Jurney

110 So. 2d 49, 1959 Fla. App. LEXIS 3139

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1959

DocketNo. 58-197

StatusPublished

Cited by4 cases

This text of 110 So. 2d 49 (Jurney v. Jurney) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jurney v. Jurney, 110 So. 2d 49, 1959 Fla. App. LEXIS 3139 (Fla. Ct. App. 1959).

Pincite

Opinion

PER CURIAM.

The appellee-wife sued appellant for a divorce and the chancellor, after hearing the evidence, entered a final decree for the ap-pellee-plaintiff-wife, and thereupon the husband-defendant appealed. We find error and reverse.

Upon an appeal from a final decree favorable to the plaintiff, we cannot substitute our judgment for that of the chancellor who heard the evidence, unless there is no substantial evidence to sustain the decree or unless the decree is against the clear weight of the evidence or induced by an erroneous view of the law.

The plaintiff-appellee, as the prevailing party, is entitled to the benefit of all reasonable inferences which can be drawn from the evidence viewed in a light most favorable to her; however, in this case, we find no substantial evidence of extreme cruelty inflicted on the wife by the husband as alleged as a ground for the suit, nor any evidence of substantial dereliction on his part in his obligations as a husband.

The decree appealed is reversed.

HORTON, Acting Chief Judge, PEARSON, J., and BARNS, PAUL D., Associate Judge, concur.

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