O'Dell v. O'Dell

District Court of Appeal of Florida

O'Dell v. O'Dell

204 So. 2d 734

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1967

DocketNo. 67-101

StatusPublished

Cited by2 cases

This text of 204 So. 2d 734 (O'Dell v. O'Dell) 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

O'Dell v. O'Dell, 204 So. 2d 734 (Fla. Ct. App. 1967).

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Opinion

PER CURIAM.

This is an appeal from a divorce proceeding wherein the chancellor found in favor of plaintiff-appellee. It must be remembered that:

“The decision of the chancellor carries with it the presumption of correctness on appellate review where, as here, the evidence and the witnesses were before him. Joyner v. Andrews, Fla.App.1962, 137 So.2d 870, 872. It is incumbent upon the appellant to demonstrate that the decree appealed was clearly erroneous. Cowen v. Cowen, Fla. 1957, 95 So.2d 584; Tyler v. Tyler, Fla.App.1959, 108 So.2d 312; Cole v. Cole, Fla.App.1961, 130 So.2d 126. * * * ” Bennett v. Bennett, Fla.App. 1962, 146 So.2d 588, 589.

The appellant has failed to show that the chancellor’s decree was clearly erroneous and therefore the decree is affirmed.

Affirmed.

LILES, C. J., and SHANNON and PIERCE, JJ., concur.

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PER CURIAM.

This is an appeal from a divorce proceeding wherein the chancellor found in favor of plaintiff-appellee. It must be remembered that:

“The decision of the chancellor carries with it the presumption of correctness on appellate review where, as here, the evidence and the witnesses were before him. Joyner v. Andrews, Fla.App.1962, 137 So.2d 870, 872. It is incumbent upon the appellant to demonstrate that the decree appealed was clearly erroneous. Cowen v. Cowen, Fla. 1957, 95 So.2d 584; Tyler v. Tyler, Fla.App.1959, 108 So.2d 312; Cole v. Cole, Fla.App.1961, 130 So.2d 126. * * * ” Bennett v. Bennett, Fla.App. 1962, 146 So.2d 588, 589.

The appellant has failed to show that the chancellor’s decree was clearly erroneous and therefore the decree is affirmed.

Affirmed.

LILES, C. J., and SHANNON and PIERCE, JJ., concur.

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204 So. 2d 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odell-v-odell-fladistctapp-1967.

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