Eakin v. Eakin
| Decision Date | 24 January 1958 |
| Citation | 99 So.2d 854 |
| Parties | Loren Arthur EAKIN, Appellant, v. Virginia Smythe EAKIN, Appellee. |
| Court | Florida Supreme Court |
J. Stockton Bryan, Jr., West Palm Beach, for appellant.
J. H. Lesser and C. D. Blackwell, West Palm Beach, for appellee.
At the conclusion of a long and bitterly contested divorce proceeding initiated by the wife, the learned chancellor below concluded that neither party could be granted a divorce because of the recriminatory conduct of each. The custody of the male child was awarded to the father. Provision was made for the child to visit the mother from Saturday afternoon until Sunday afternoon during each week. The decree contained other provisions which are not pertinent to the disposition of this appeal.
On rehearing the trial court amended the decree by vacating that portion of it which denied a divorce to either party and amended the original decree to provide 'that the marriage between the plaintiff * * * and the defendant * * * be and the same is hereby dissloved and defendant is given and granted an absolute divorce from plaintiff * * *.' In the same amended decree the court determined 'in lieu of alimony and all other claims against the defendant and his estate the whole and complete title to the home place of the parties * * * is transferred and vested in the plaintiff and defendant's interest in said real estate as tenant by the entirety is transferred to and vested entirely in the plaintiff subject to encumbrances.'
The husband, on this appeal, questions that portion of the final decree vesting the title to the real property in the wife.
After the proceedings had been commenced, the husband filed a counterclaim seeking a divorce from his wife on the sole ground of adultery. The wife argues in support of that portion of the decree with reference to the home place that the evidence would sustain the awarding of a divorce on grounds other than the ground of adultery and that, therefore, that portion of the decree is valid. We cannot agree that this is true. While the decree does not contain a finding that the wife is guilty of adultery, such finding is inherent in the decree because no other ground for divorce against the wife was either alleged or proven and the record contains ample evidence to support such a finding.
Although Section 65.08, Florida Statutes 1955 F.S.A. provides that no alimony shall be granted to an adulterous wife, this Court has held that under some circumstances it...
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LaRue v. LaRue
...83 So. 87 (1919). Originally, Florida took the position that a special equity did not arise for homemaker contributions. Eakin v. Eakin, 99 So.2d 854 (Fla.1958); Heath v. Heath, supra. This result has now been changed in Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980), where the court aut......
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Ward v. Comm'r of Internal Revenue
...financially or through personal industry and service to the other party. ‘ Ball v. Ball, 335 So.2d 5, 7 (Fla. 1976); see Eakin v. Eakin, 99 So.2d 854 (Fla. 1958); Strauss v. Strauss, 148 Fla. 23, 3 So.2d 727 (1941). For example, a special equity may arise when a wife's capital or labor nurt......
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Bell v. Bell
...equitable right to the property in question in either party. See Heath v. Heath, 103 Fla. 1071, 138 So. 796, 82 A.L.R. 537; Eakin v. Eakin, Fla.1958, 99 So.2d 854. It is error for the court, upon granting a divorce, to direct disposition of the parties' interest in property held by the enti......
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Mann v. Comm'r of Internal Revenue , Docket No. 1595-77.
...An award in recognition of this right is not alimony nor dependent upon the right to recover alimony under Florida law. Eakin v. Eakin, 99 So. 2d 854 (Fla. 1958). Both parties agree that an award for this type of special equity does not constitute alimony for purposes of section 71. Petitio......