Putman v. Putman, 62-573

• Court: Florida District Court of Appeals
• Writing for the Court: Before PEARSON, TILLMAN; BARKDULL
• Citation: Putman v. Putman, 154 So.2d 717 (Fla. App. 1963)
• Decision Date: 18 June 1963
• Docket Number: No. 62-573,62-573
• Parties: Mary M. PUTMAN, Appellant, v. James H. PUTMAN, Appellee.

Page 717

154 So.2d 717

Mary M. PUTMAN, Appellant, v. James H. PUTMAN, Appellee.

No. 62-573.

District Court of Appeal of Florida, Third District.

June 18, 1963.

George J. Baya and L. L. Robinson, Miami, for appellant.

Brigham & Dence, Miami, for appellee.

Before PEARSON, TILLMAN, C. J., and CARROLL and BARKDULL, JJ.

BARKDULL, Judge.

The appellant instituted a divorce action against the appellee, seeking a divorce, custody of the minor child of the parties, alimony, support, attorneys' fees, suit money; that she be declarted to be the sole owner of the residence of the parties, and that the appellee be required to convey his interest in same to her. Following the filing of an answer and numerous discovery proceedings, the matter came on for final hearing before the chancellor, who heard considerable testimony from 9 witnesses and received in evidence numerous exhibits. Thereafter, he rendered a final decree granting the divorce sought, awarding alimony and support, leaving the title to the residence as it was at the time of the institution of the suit ¹, requiring the appellee to continue the mortgage, insurance and tax payments on the residence, make major repairs, and permitting the appellant and minor child to reside in the residence until such time as the minor child became 21 years of age or self-supporting [whichever occurred first] and requiring the appellant to maintain and make minor repairs. He directed that the appellee continue his insurance program as it was, with the exception of one policy, both as to amount and beneficiaries. He also directed that he continue to carry Blue Cross and Blue Shield policies for the benefit of the appellant and the minor child; awarded $2,000.00 attorneys' fees to the appellant's attorneys, and made certain other rulings which are not material to this appeal and reserved jurisdiction 'for such other further proceedings as may become necessary, meet or just.'

Appellant has preserved 5 points of alleged error in this appeal. First, that the chancellor erred in failing to require the appellee to reimburse her for funds expended in acquiring the residence and furniture of the parties. Second, that the court erred in failing to require the appellee to assign and transfer to her certain alleged separate property which she had at the time of the marriage. Third, that the court erred in failing to require the defendant to reimburse her for sums allegedly expended by her from her separate estate. Fourth, that the court erred in requiring the plaintiff to pay certain expenses in connection with the cost of maintenance and repair of the residence. Fifth, that the court erred in awarding only $2,000.00 as attorneys' fees, which was alleged to be grossly inadequate.

The appellee filed cross assignments of error and has preserved the following points for review: 1) The court erred in permitting the appellant and the minor son to reside in the premises until the child reaches 21 years of age or becomes self-supporting. 2) The court erred in decreeing that the defendant pay $150.00 per month alimony, pay premiums on his life insurance [which carried his divorced wife as first beneficiary], and required him to carry Blue Cross and Blue Shield insurance protection for the appellant, plus attorneys' fees and court costs. 3) That the court erred in requiring that all intangible property should remain in joint ownership as it was at the time of the institution of the suit. 4) That the court erred in requiring the defendant to make mortgage, insurance and tax payments and repairs over $200.00 on the residence, and requiring him to continue an insurance policy which would provide for the education of the minor son; $150.00 as support and maintenance of the son, his extraordinary medical and dental expenses, and the maintenance of Blue Cross and Blue Shield policies for the child. ²

Following a review of the extensive record, appendices and able briefs of counsel, together with consideration of oral argument, it appears that the chancellor has arrived at a fair, equitable and just final decree in almost all particulars wherein error is alleged by either party. In order for either party to secure a reversal of a portion of the final decree here under review, it is necessary for either of them to establish that there is no substantial, competent evidence to support the ruling of the chancellor or that he abused his discretion in arriving at the amounts and the sums he fixed therein. This, save and except as hereinafter indicated, neither the appellant nor the appellee has done. Therefore, the final decree should be affirmed under the authority of Durham v. Durham, 137 Fla. 506, 188 So. 609; Bennett v. Bennett, Fla.App.1962, App.1962, 146 So.2d 588.

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