Coslick v. Coslick
Decision Date | 29 July 1938 |
Citation | 182 So. 835,136 Fla. 443 |
Parties | COSLICK v. COSLICK. |
Court | Florida Supreme Court |
On petition for rehearing.
Petition denied.
For former opinion, see 181 So. 832. Appeal from Circuit Court, Pinellas County; T. Frank Hobson, judge.
Baynard & Baynard and Jefferson D. Stephens, all of St. Petersburg for appellant.
B. M Skelton, of St. Petersburg, for appellee.
The appellant based her appeal primarily on the theory that the allegations of the Bill of Complaint, as amended, were not sufficient to charge desertion for one year prior to the filing of the bill on April 2, 1935, and that the only desertion alleged was during the pendency of the suit. It is urged upon the Court, in this petition for a rehearing, that the evidence is insufficient to establish a desertion one year prior to beginning this suit as the evidence conclusively shows that the separation took place on May 2 1934, when Appellee went to the Government Hospital for treatment and therefore only eleven months transpired. It is further contended that it is shown by the testimony that the Appellee left the Appellant voluntarily and went to the hospital for treatment, and that there was no desertion on the part of the wife.
Not having argued the sufficiency of the evidence to establish desertion in the briefs and the oral argument thereon, it is extremely doubtful that Appellant can raise this question at this late date. However, assuming that Appellant has not waived this assignment of error, we are still of the belief as expressed in the former opinion, that 'there appears to be sufficient evidence to sustain the decree.'
The evidence discloses that there was a definite break between Mr. and Mrs. Coslick some time before Mr. Coslick went to the hospital. Testimony of both parties established this date of separation more than a year prior to the filing of this suit.
Appellee, Mr. Coslick, testified as follows:
He further testified:
'
Appellee also testified:
The testimony of Mrs. Coslick is also pertinent on this issue:
She then testifies that her husband became enraged at her and ordered her out of the room on January 12, 1934, and that she went through the bath room...
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