Sharp v. Sharp

• Decision Date: 06 April 1966
• Docket Number: No. 6426,6426
• Citation: 185 So.2d 508
• Parties: Mary Jo SHARP, Appellant, v. Howard Murphy SHARP and Bank of Naples, Naples, Florida, Appellees.
• Court: Florida District Court of Appeals

Page 508

185 So.2d 508

Mary Jo SHARP, Appellant, v.Howard Murphy SHARP and Bank of Naples, Naples, Florida, Appellees.

No. 6426.

District Court of Appeal of Florida, Second District.

April 6, 1966.

Rehearing Denied May 11, 1966.

Allan L. McPeak, of Hixon & Hixon, Naples, for appellant.

Wotitzky, Wotitzky & Schoonover, Punta Gorda, for appelleeHoward Sharp.

No appearance for appellee Bank of Naples.

PER CURIAM.

The appellant, plaintiff below, appeals from a final decree entered by the chancellor as result of a suit for divorce filed by the plaintiff against appellee, Howard Murphy Sharp, defendant below.

Plaintiff's complaint alleged, among other things, that defendant had on several occasions and without provocation physically abused her.Defendant counterclaimed and charged plaintiff with committing adultery on several occasions.Voluminous testimony and depositions were taken at the conclusion of which the chancellor entered a final order of dismissal, stating that both parties had failed to make affirmative showing of sufficient equity on their own behalf or a lack of such equity in the other party as to entitle them to relief in a court of equity, and that the doctrine of clean hands barred each of them from such relief.Plaintiff's complaint and defendant's counterclaim were dismissed with prejudice.

We have meticulously examined the entire record including the testimony and depositions and find no error committed by the chancellor.It is a well-settled rule that the chancellor is the trier of facts; that the weight of credibility to be given the evidence...