McRae v. McRae

CourtUnited States State Supreme Court of Florida
Writing for the CourtROBERTS; SEBRING
Citation52 So.2d 908
PartiesMcRAE v. McRAE.
Decision Date08 June 1951

Page 908

52 So.2d 908
McRAE
v.
McRAE.
Supreme Court of Florida, Division B.
June 8, 1951.

R. C. Lohmeyer, Miami Beach, and J C. Howell, Atlanta, Ga., for appellant.

Mason & Vann, Miami, for appellee.

Page 909

ROBERTS, Justice.

The appellant, who was plaintiff and cross-defendant in divorce proceedings in the court below, appeals from those portions of the divorce decree (1) awarding to defendant and cross-plaintiff the sum of $35 per week as alimony and support for the four minor children of the parties, together with the right to use and occupy the homestead of the parties as her residence, and (2) enjoining the appellant from disposing of his interest in the homestead and 'in any other property he may own either within this state or outside of this state' until the further order of the court. The appellant does not object to those portions of the decree granting to the appellee, as cross-plaintiff, a divorce and the custody of the children.

In his argument going to the question of the excessiveness of the award for the support of his former wife and children, the appellant does not here contend that the award is more than that which is necessary to support them; and, indeed, this contention could not be sustained. The wife has no money or property, other than a one-half interest in the homestead, which is owned jointly by the parties; she has no means of livelihood; and, in any event, she will be required to devote all her time during the next several years to the care and upbringing of her four small children, the oldest of which is only eight years of age. Under such circumstances, it cannot be said that the weekly allowance of $35--which will do little more than provide food and clothing for the appellee and the children--and the award to the appellee of the use and occupancy of the homestead, is excessive insofar as the needs of the wife are concerned.

Counsel for appellant does, however, argue earnestly and eloquently that the award is excessive insofar as the ability of the husband to pay is concerned. The appellant testified that he owns and operates a hardware store in Ojus, Florida, and that he owns other real estate in Gainesville and Jacksonville, Florida; that the total gross sales of the hardware store for the year 1949 were $17,581.09, and for the first six months of 1950, almost $6,000. He testified also, however, that his property in Gainesville and Jacksonville produces no income and is practically worthless; that...

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21 practice notes
  • Von Eiff v. Azicri, No. 96-3273
    • United States
    • Court of Appeal of Florida (US)
    • 17 Settembre 1997
    ...these situations, the state is historically empowered to protect the interests of those injured by the disruption. 6 See McRae v. McRae, 52 So.2d 908 (Fla.1951)(courts in dissolution proceedings have the inherent power to protect children and to do all things necessary for the administratio......
  • Lowe v. Broward County, No. 4D99-1664.
    • United States
    • Court of Appeal of Florida (US)
    • 20 Settembre 2000
    ...well settled principle that the law imposes on civilized man the duty to provide food, shelter and raiment for his own." McRae v. McRae, 52 So.2d 908, 909 (Fla.1951) (quoting Pollack v. Pollack, 159 Fla. 224, 31 So.2d 253, 254 (1947)). This court has referenced the "strong public policy whi......
  • Ugarte v. Ugarte, Nos. 91-401
    • United States
    • Court of Appeal of Florida (US)
    • 22 Settembre 1992
    ...Income: Proving the Unprovable, Fla.B.J. April 1985, at 56; see also Garfield v. Garfield, 58 So.2d 166 (Fla.1952); McRae v. McRae, 52 So.2d 908 (Fla.1951); Anderson v. Anderson, 451 So.2d 1030 (Fla. 3d DCA1984); Bucci v. Bucci, 350 So.2d 786 (Fla. 3d DCA1977); Preston v. Preston, 216 So.2d......
  • Seitz v. Seitz, Nos. 84-1447
    • United States
    • Court of Appeal of Florida (US)
    • 18 Giugno 1985
    ...of living. Klein v. Klein, 122 So.2d 205, 207 (Fla. 3d DCA 1960). See also Garfield v. Garfield, 58 So.2d 166 (Fla.1952); McRae v. McRae, 52 So.2d 908 (Fla.1951); Anderson v. Anderson, 451 So.2d 1030 (Fla. 3d DCA 1984); Bucci v. Bucci, 350 So.2d 786 (Fla. 3d DCA 1977); Preston v. Preston, 2......
  • Request a trial to view additional results
21 cases
  • Von Eiff v. Azicri, No. 96-3273
    • United States
    • Court of Appeal of Florida (US)
    • 17 Settembre 1997
    ...these situations, the state is historically empowered to protect the interests of those injured by the disruption. 6 See McRae v. McRae, 52 So.2d 908 (Fla.1951)(courts in dissolution proceedings have the inherent power to protect children and to do all things necessary for the administratio......
  • Lowe v. Broward County, No. 4D99-1664.
    • United States
    • Court of Appeal of Florida (US)
    • 20 Settembre 2000
    ...well settled principle that the law imposes on civilized man the duty to provide food, shelter and raiment for his own." McRae v. McRae, 52 So.2d 908, 909 (Fla.1951) (quoting Pollack v. Pollack, 159 Fla. 224, 31 So.2d 253, 254 (1947)). This court has referenced the "strong public policy whi......
  • Ugarte v. Ugarte, Nos. 91-401
    • United States
    • Court of Appeal of Florida (US)
    • 22 Settembre 1992
    ...Income: Proving the Unprovable, Fla.B.J. April 1985, at 56; see also Garfield v. Garfield, 58 So.2d 166 (Fla.1952); McRae v. McRae, 52 So.2d 908 (Fla.1951); Anderson v. Anderson, 451 So.2d 1030 (Fla. 3d DCA1984); Bucci v. Bucci, 350 So.2d 786 (Fla. 3d DCA1977); Preston v. Preston, 216 So.2d......
  • Seitz v. Seitz, Nos. 84-1447
    • United States
    • Court of Appeal of Florida (US)
    • 18 Giugno 1985
    ...of living. Klein v. Klein, 122 So.2d 205, 207 (Fla. 3d DCA 1960). See also Garfield v. Garfield, 58 So.2d 166 (Fla.1952); McRae v. McRae, 52 So.2d 908 (Fla.1951); Anderson v. Anderson, 451 So.2d 1030 (Fla. 3d DCA 1984); Bucci v. Bucci, 350 So.2d 786 (Fla. 3d DCA 1977); Preston v. Preston, 2......
  • Request a trial to view additional results

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