Warren v. Warren

63 So. 726, 66 Fla. 138
Supreme Court of Florida·Decided November 25, 1913·Published·Cited by 24 cases

Opinion

Shackleford, C. J.

Alice M. Warren filed her bill in chancery against her husband, Jerry J. Warren, wherein she sought alimony and other relief, but not a divorce. The defendant interposed a demurrer to the bill, which was overruled. At the time of interposing the demurrer, the defendant also filed his answer to the bill. On motion of the complainant, an order was made, referring the cause to a special master to take testimony as to the necessities of the complainant and the faculties of the defendant for the purpose of determining what amount of alimony and counsel fees pendente lite, if any, should be awarded to the complainant. The overruling of the demurrer and such reference to a master were incorporated in the same order, and from the interlocutory order the defendant has entered his appeal. He has attempted to raise a number of interesting questions, which he has elaborately argued before us, but it seems to us that most of the points are prematurely presented and that we are precluded from considering them on this [140] appeal. The only points upon which we can pass are as to whether or not the court erred in overruling the demurrer to the bill or in referring the cause to a master. The Circuit Judge, at the time of rendering the order, of which complaint is made, also filed a written opinion in which he set forth his views and gave his reasons for his rulings. As to this, as we have several times held, we do not have to pass upon the reasoning at all, as it is with the ruling itself, and not with,the reasons therefor that we have to deal. If the ruling is correct, it will not be disturbed because the court may have given a wrong or insufficient reason for its rendition. Dunnellon Phosphate Co. v. Crystal River Lumber Co., 63 Fla. 131, 58 South. Rep. 786, where prior decisions of this court will be found cited. ,

We see no necessity for copying the bill and exhibits, as our reference thereto will be sufficient to render this opinion intelligible. The demurrer is addressed to the entire bill and, omitting the formal parts is as follows:

“This defendant by protestation, not confessing or acknowledging all or any of the matters and things in the complainant's bill of complaint contained to be true, in such manner and form as in the same are therein set forth and alleged, doth demur to said bill and for the cause of demurrer, shows:

1. That the bill of complaint does not show that there is any marriage existing between the complainant, Alice M. Warren, and the defendant, Jerry J. Warren.

2. That the bill on its face shows that there is no marriage existing between the complainant, Alice M. Warren and Jerry J. Warren, the defendant.

3. That the bill of complaint attacks and seeks to set aside the valid decree of a court of competent jurisdiction in the Republic of Cuba, annulling the marriage of [141] the complainant, Alice M. Warren, to the defendant, Jerry J. Warren.

4. That the bill of complaint does not show an actual, bona fide residence of the complainant, Alice M. Warren, in the State of Florida for a period of two years before the filing of the bill.

5. That the bill does not allege that the defendant is without sufficient means to maintain herself during the pendency of this litigation, and to employ counsel.-

6. That this court is without jurisdiction of the parties.

7. That the bill is without equity.”

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Warren v. Warren, 63 So. 726, 66 Fla. 138 (Fla. 1913).

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