Carlton v. Carlton

• Decision Date: 01 August 1919
• Citation: Carlton v. Carlton, 78 Fla. 252, 83 So. 87 (Fla. 1919)
• Parties: CARLTON v. CARLTON.
• Court: Florida Supreme Court

83 So. 87

78 Fla. 252

CARLTON v. CARLTON.

Florida Supreme Court

August 1, 1919

Rehearing Denied Nov. 8, 1919.

Appeal from Circuit Court, De Soto County; John S. Edwards, Judge.

Action for divorce by Thomas N. Carlton against Ada Carlton. A decree of divorce was granted plaintiff, defendant's application for alimony was denied, and she appeals. Affirmed in part, and reversed in part.

Syllabus by the Court

SYLLABUS

Where a divorce is granted to the husband on the grounds of habitual indulgence in violent and ungovernable temper and extreme cruelty of the wife, and it appears that the wife contributed materially in funds and industry through a long period of years to the acquisition of the home and other property of the husband, which gives her a special equity in such property, a reasonable allowance should be made from the husband's property for her maintenance and support.

COUNSEL Altman & Morrow, of Tampa, and Brown & Jones, of Arcadia, for appellant.

W. W Whitehurst, of Wauchula, and Doyle E. Carlton, of Tampa, for appellee.

OPINION

PER CURIAM.

A divorce was granted to the husband upon the statutory grounds of habitual indulgence in violent and ungovernable temper and extreme cruelty, and the chancellor denied the wife's application for alimony, and she appealed. There is sufficient testimony to support the decree of divorce; but we think the circumstances of this case require some provision to be made for the wife out of the husband's property.

The appellant is the mother of the appellee's six...