Tanner v. Tanner, 6918
| Decision Date | 04 January 1967 |
| Docket Number | No. 6918,6918 |
| Citation | 194 So.2d 702 |
| Parties | Glenn TANNER, Appellant, v. Georgia B. TANNER, Appellee. |
| Court | Florida District Court of Appeals |
George W. Phillips, Tampa, for appellant.
No appearance for appellee.
The husband appeals from a final decree of divorce and takes exception to those portions awarding the wife a special equity in his business and awarding the wife's attorney a fee in the amount of $5,000.00. The husband filed suit for divorce and the wife counterclaimed seeking separate maintenance. During the trial, the wife amended the counterclaim and prayed for a divorce. The final decree found that the wife was entitled to a decree of divorce on the counterclaim. In addition to granting the divorce, the final decree awarded custody of the four children to the wife, granted her use of the jointly owned dwelling, use of an automobile, and awarded alimony and support. None of these provisions are challenged by the husband.
It was the duty of the attorney for appellee-wife to file in this court a brief, maintaining the correctness of the proceedings and judgment of the trial court. Bolles v. Carson, 73 Fla. 504, 511, 74 So. 509 (1917); Jacksonville Tractor Company v. Nasworthy, 114 So.2d 463 (Fla.App.1st Dist.1959). This he has failed to do, although the record contains a memorandum furnished the trial court at final hearing. The record consists of seven volumes, and the neglect of the attorney imposes an inordinate burden on the appellate court. If any cause exists for not preparing the brief, it should be seasonably reported to this court and counsel excused. Jacksonville Tractor Company v. Nasworthy, Id.
The husband contends that the court erred in awarding the wife a special equity in his business, in that the wife failed to sustain the burden of proving such equity to the exclusion of any reasonable doubt.
There are two circumstances under which such an award may be made: the first is where she has contributed financially to the husband's business or acquisition of property; the second is based on personal services which contributed materially to the husband's acquisition of property. Roberts v. Roberts, 101 So.2d 884 (Fla.App.2nd Dist.1958).
The burden of proof was upon her to establish, to the exclusion of reasonable doubt, that she had acquired either a legal or equitable interest in the property. Lindley v. Lindley, 84 So.2d 17 (Fla.1955). Just as in cases involving a constructive trust, the evidence to establish the equity of the wife must be so clear, strong, and unequivocal as to remove from the mind of the chancellor every reasonable doubt as to the existence of her special equity. See Cannova v. Carran, 92 So.2d 614, 619 (Fla.1957).
During the early years of the marriage the wife performed valuable services in the businesses known variously as, Supreme Radio Service, Tanner Radio and Electronic Supply, Inc., and Wired Music, Inc. She had an equal ownership of stock in Wired Music, Inc. with her husband. This corporation was dissolved by the husband in 1949. The chancellor found that the stock in Wired Music, Inc. had a gross value of approximately $45,000.00, but the evidence does not sustain this finding. The lower court also found that upon dissolution of Wired Music, Inc., as...
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Mann v. Comm'r of Internal Revenue
...acquisition of property by her personal services, she acquires a special equity in her husband's business. Tanner v. Tanner, 194 So. 2d 702 (Fla. Dist. Ct. App. 1967); Roberts v. Roberts, 101 So. 2d 884 (Fla. Dist. Ct. App. 1958). A special equity is, therefore, a vested equitable property ......
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Ball v. Ball
...(Fla.App. 3d 1969), Cert. denied 237 So.2d 538 (Fla.1970) (property in husband's sole name and jointly held property); Tanner v. Tanner, 194 So.2d 702 (Fla.App. 2d), Cert. denied, 201 So.2d 560 (Fla.1967) and Roberts v. Roberts, 101 So.2d 884 (Fla.App. 2d 1958) (as to personal property).6 C......
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Creel v. Creel
...for the trial court to have awarded the wife an interest in this property. See Ball v. Ball, 335 So.2d 5 (Fla.1976); Tanner v. Tanner, 194 So.2d 702 (Fla.2d DCA 1967); and Roberts v. Roberts, 101 So.2d 884 (Fla.2d DCA In accordance with the above disposition of the various points raised in ......
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Southeastern Fidelity Ins. Co. v. Broughton
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