Trigo v. Trigo

• Decision Date: 24 June 1925
• Citation: 105 So. 123,90 Fla. 60
• Parties: TRIGO v. TRIGO.
• Court: Florida Supreme Court

105 So. 123

90 Fla. 60

TRIGO v. TRIGO.

Florida Supreme Court

June 24, 1925

En Banc.

Suit for divorce by Vicente Trigo against Carmen Valenzuela Trigo. From a decree denying divorce and awarding custody of children to defendant, and allowing her alimony, support, and counsel fees, plaintiff appeals.

Affirmed.

Syllabus by the Court

SYLLABUS

When divorce for extreme cruelty will be granted, in absence of actual bodily violence, stated. Divorce on the ground of extreme cruelty will be denied, when there is no actual bodily violence, unless the treatment complained of be such as damages health or renders cohabitation intolerable and unsafe, and unless there are threats of mistreatment of such kind as to cause reasonable and abiding apprehension of bodily violence, so as to render it impracticable to discharge marital duties.

Findings of chancellor on facts based on evidence taken by special master not disturbed on appeal, unless such findings are clearly shown to be erroneous. When the evidence is taken by a special master, the finding of the chancellor on the facts will not be disturbed on appeal, unless such findings are clearly shown to be erroneous.

Appeal from Circuit Court, Hillsborough County; F M. Robles, judge.

COUNSEL

Martin Caraballo, of Tampa, for appellant.

Mabry Reaves & Carlton, of Tampa, for appellee.

OPINION

TERRELL J.

This is a suit for divorce on the grounds of extreme cruelty and the habitual indulgence of a violent and ungovernable temper. Complainant also prayed for the custody of the children. Defendant answered, denying the material allegations of the bill, and asked for alimony, counsel fees, and the custody of the children.

The chancellor denied the divorce, awarded the custody of the three children to the defendant, with the proviso that complainant might see them and have them in his care once each week, and at other times agreeable to defendant, and allowed alimony and support to the extent of $13 per week and $200 counsel fees. Appeal is taken from this decree.

The rule is well settled that divorce on the ground of extreme cruelty will be denied, when there is no actual bodily violence, unless the treatment complained of be such as damages health or renders cohabitation intolerable and unsafe, or unless there are threats of mistreatment of such kind as to cause reasonable and abiding apprehension of bodily violence, so as to render it impracticable...