Walton v. Walton

District Court of Appeal of Florida

Walton v. Walton

230 So. 2d 49

CourtDistrict Court of Appeal of Florida

DecidedDecember 30, 1969

DocketNo. 69-380

StatusPublished

This text of 230 So. 2d 49 (Walton v. Walton) 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

Walton v. Walton, 230 So. 2d 49 (Fla. Ct. App. 1969).

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Opinion

PER CURIAM.

The defendant-wife appeals a final judgment which granted the plaintiff-husband a divorce on the ground of desertion, and denied her claim for alimony and certain expenses in connection with her defense of the suit.

It is appellant’s contention that the testimony is insufficient to support the husband’s allegation that she was guilty of desertion as defined by § 61.041(7) Fla. Stat., F.S.A. The above cited statute requires a spouse seeking divorce on the grounds of desertion to show that such desertion was “wilful, obstinate and continued * * * ” for a period of one year.

We find merit in the appellant’s contention that the complained-of desertion was not “continuous” for a period of one year immediately prior to the commencement of the law suit, as contemplated by the statute. See Fisher v. Fisher, Fla.App.1961, 134 So.2d 277; Walker v. Walker, Fla.App.1960, 123 So.2d 692.

Therefore, the final judgment of divorce is reversed.

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PER CURIAM.

The defendant-wife appeals a final judgment which granted the plaintiff-husband a divorce on the ground of desertion, and denied her claim for alimony and certain expenses in connection with her defense of the suit.

It is appellant’s contention that the testimony is insufficient to support the husband’s allegation that she was guilty of desertion as defined by § 61.041(7) Fla. Stat., F.S.A. The above cited statute requires a spouse seeking divorce on the grounds of desertion to show that such desertion was “wilful, obstinate and continued * * * ” for a period of one year.

We find merit in the appellant’s contention that the complained-of desertion was not “continuous” for a period of one year immediately prior to the commencement of the law suit, as contemplated by the statute. See Fisher v. Fisher, Fla.App.1961, 134 So.2d 277; Walker v. Walker, Fla.App.1960, 123 So.2d 692.

Therefore, the final judgment of divorce is reversed.

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Bluebook (online)

230 So. 2d 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-walton-fladistctapp-1969.

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