McMullen v. McMullen

Supreme Court of Florida

McMullen v. McMullen

68 So. 2d 179, 1953 Fla. LEXIS 1733

Supreme Court of Florida·Decided November 20, 1953·Published·Cited by 2 cases

Opinion

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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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.

McMullen v. McMullen, 68 So. 2d 179, 1953 Fla. LEXIS 1733 (Fla. 1953).

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Opinion

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