Hutchins v. Hutchins, 991

• Decision Date: 26 June 1959
• Docket Number: No. 991,991
• Citation: 113 So.2d 412
• Parties: Mildred Marie HUTCHINS, Appellant, v. Hal C. HUTCHINS, Appellee.
• Court: Florida District Court of Appeals

Page 412

113 So.2d 412

Mildred Marie HUTCHINS, Appellant, v.Hal C. HUTCHINS, Appellee.

No. 991.

District Court of Appeal of Florida, Second District.

June 26, 1959.

Rehearing Denied July 21, 1959.

Joseph B. Cramer, of Rosin & Paderewski, Sarasota, for appellant.

Clyde C. Goebel, of Grimes & Grimes, Bradenton, and Mabry, Reaves, Carlton, Fields & Ward, Tampa, for appellee.

MOODY, JAMES S., Associate Judge.

Plaintiff below, appellee herein, filed an amended complaint for divorce on the grounds of adultery and wild and ungovernable temper.Defendant below, appellant herein, filed an answer and counterclaim for divorce on the grounds of habitual intemperance and extreme cruelty.The amended complaint also contained allegations showing that plaintiff owned the business known as the 'Gulf Terrace Restaurant.'The defendant admitted in her answer ownership by plaintiff of said business, but alleged in her counterclaim that the liquor license, held in connection with said restaurant business, was in the joint names of the parties hereto.After taking of testimony, the chancellor granted plaintiff a divorce on the grounds of adultery and dismissed the defendant's counterclaim.The decree adjudicated a disposition of the property rights of the parties and, in connection therewith, ordered the defendant to transfer title in the beverage license to the plaintiff.The defendant has appealed from only that portion of the final decree requiring transfer of her interest in the beverage license.

There is very little testimony concerning the title to the beverage license.Viewing this testimony to plaintiff's best advantage, it appears that the restaurant property and business was purchased under a contract made solely by the plaintiff, that title to the real estate and personal property was taken in his name, but that title to the beverage license was taken jointly in the names of husband and wife.Plaintiff testified that the wife had no money or other...