Scanlon v. Scanlon

154 So. 2d 899
CourtDistrict Court of Appeal of Florida
DecidedJune 20, 1963
DocketD-451
StatusPublished
Cited by12 cases

This text of 154 So. 2d 899 (Scanlon v. Scanlon) 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
Scanlon v. Scanlon, 154 So. 2d 899 (Fla. Ct. App. 1963).

Opinion

154 So.2d 899 (1963)

Anita Waller SCANLON, Appellant,
v.
Wilson G. SCANLON, Appellee.

No. D-451.

District Court of Appeal of Florida. First District.

June 20, 1963.
Rehearing Denied July 23, 1963.

*900 Schevitz & Datz, Jacksonville, for appellant.

Ray L. Wilson, Jacksonville, for appellee.

RAWLS, Judge.

Appellee-plaintiff husband, Wilson G. Scanlon, a medical doctor specializing in psychiatry, instituted this action for divorce. Appellant-defendant wife, Anita Waller Scanlon, by her answer denied the allegations of the complaint and counter-claimed for separate maintenance and custody of the parties' minor children. The chancellor entered a final decree of divorce, granted the wife monthly alimony in the sum of $375.00, custody of the parties' three minor children, and monthly support in the sum of $100.00 for each of them. In addition, the husband was required to pay mortgage and insurance payments on the home owned by the parties in Connecticut, with the wife receiving exclusive possession until she remarries or until all of the children are self supporting.

The wife contends: that the chancellor erred in his rulings permitting an amendment by the husband to his complaint at the time of final hearings, admitting certain evidence, concluding that the husband was entitled to a divorce, and denying separate maintenance; further, that the chancellor erred in not requiring the husband to earn more money than he was making, so that he could pay a larger amount for the support of the wife and children.

The husband is pleased with the decree of divorce but is unhappy with the amount of support money and fees for the wife's attorneys which the chancellor required him to pay.

This was a hotly contested divorce case culminating in a record consisting of six volumes of testimony, depositions and exhibits. The sum and substance of this voluminous record is that the husband had for many years prior to moving to Florida been associated with Dr. William B. Terhune, who operated his own sanitorium, Silver Hill Foundation at New Canaan, Connecticut. The Silver Hill Sanitorium apparently catered primarily to those of substantial means. From 1957 until the final separation of the parties, the wife unilaterally concluded that: her psychiatrist husband was in desperate need of psychiatric treatment at some institution other than Silver Hill; her husband's patients were exerting an unhealthy influence upon him; the founder and director of Silver Hill was not operating the type of institution conducive to the talents of her husband; and that her husband was wasting *901 away his life and professional training. The wife concluded that the only way she could "save" her husband was to employ any means which would result in his being severed from the staff at Silver Hills Foundation, necessitating his moving to another locale. She was successful. In 1960, Dr. Scanlon moved to Florida, "started all over again", and was successful in being admitted to practice in this state.

We dispose of all the wife's points on appeal, save the one pertaining to alimony and support money, by liberally quoting from the learned chancellor's memorandum opinion:

"The evidence is clear if not overwhelming that the marital discord between the parties (both college graduates and persons of refinement and exceptional intellectual stature) resulted from what the defendant regarded as extra-professional association of the plaintiff and some patients, her deep conviction that by precept and example the head of the Silver Hill Foundation exerted an evil influence on him, and her consequent continued efforts by deed and word to achieve the separation of her husband from the medical staff of the Foundation. The defendant's counsel in final argument conceded this and designated it with an asserted avoidance by good intention, as the crux of the defendant's case for denial of an absolute divorce to the plaintiff and the granting of a decree of separate maintenance to her. He contended that her activity which ultimately succeeded in bringing about the plaintiff's separation from his employment on the medical staff of the Silver Hill Foundation was undertaken for his welfare and in the hope of establishing domestic felicity.
* * * * * *
"Evaluation of the equities requires first some analysis of the marital relationship as it has existed in all times, among all peoples everywhere. With very sparse exceptions marriage has carried with it in varying degrees the concept that the status of a wife is subservient to that of her husband. It is true throughout most of the world today. In certain segments of Western civilization this has been modified. But it has never been abandoned nor rejected. It was not until this century that there was removed from the marriage ceremony of the Anglican Communion the vow of obedience to her husband taken by the wife. The present Queen of England and her sister were both married taking that vow despite its excision. I do not overlook the so-called emancipation of married women by recent repeal or modification of certain statutes but in the present context the use of that development beyond its limited scope can be misleading. For example, in this state when a married woman conveys her separate property her husband is required to join in the execution of the deed even though he has no interest whatsoever in the title. Other laws still discriminate against women, such as that of ineligibility for jury service without special registration.
"The law often trails social and economic changes. It is no longer tenable to characterize the female as the weaker sex. Women in this country inherit and own most of the property, they are the beneficiaries of more insurance, they receive better treatment throughout their lives and live several years longer than men on the average. Deaths among women from infectious and parasitic diseases are only two-thirds as frequent as among males, only two-thirds as frequent from diseases of the heart and circulatory system, the respiratory system, and only a little more than one-third from violent and accidental deaths. There are three times as many suicides among males, three times as many homicides, and more than twice the accidental deaths. *902 During the first year of life nearly 40 per cent more male children die. In numbers, there are more women than men. The evidence is clear that, in a material way at least, women are far more fortunate than men. They are born sounder and stronger, live healthier and longer lives, acquire and possess more of the world's goods and with considerably less effort than men.
"Paradoxically, no woman has excelled in any field in which man also participates. Women are not even the finest cooks nor the best tailors. Admitting the biological superiority of the female, her larger share of the wealth and the power that goes with it, and her capacity for emotional sympathy and empathy, it is nevertheless questionable whether her endowments qualify her to substitute her judgment for that of her husband in matters relating to his occupation.
* * * * * *
"Today, many married women work and contribute to the family income. In some instances they earn more than their husbands and sometimes they even support their husbands and children by their earnings.

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154 So. 2d 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scanlon-v-scanlon-fladistctapp-1963.