Williamson v. Williamson

Decision Date03 August 1943
Citation153 Fla. 357,14 So.2d 712
PartiesWILLIAMSON v. WILLIAMSON.
CourtFlorida Supreme Court

Appeal from Circuit Court, Palm Beach County; Paul D. Barns judge.

Beall & Farish and Marshall B. Wood, all of West Palm Beach, and Vincent C. Giblin, of Miami, for appellant.

Earnest Lewis & Smith, of West Palm Beach, for appellee.

PER CURIAM.

Gladys G. Whaley and J. Kenneth Williamson, residents of Palm Beach County Florida, on July 24, 1937, were married in Atlanta, Georgia. They returned to West Palm Beach and established a home where they cohabited as husband and wife, until July 18 1941, when the husband left the home and obtained quarters at a hotel, and later moved into an apartment. The wife was dependent on the husband for her support and maintenance. She applied to the Court for an order requiring the husband to contribute to her support. The financial ability of the husband is not challenged. An order was entered on February 12, 1942, awarding temporary counsel fees in the sum of $500; the sum of $1,100 as alimony for that period between July, 1941, and January, 1942; and the sum of $200 per month thereafter until a further order of the Court.

The parties litigant, by appropriate pleadings filed in the cause, charged each other with extreme cruelty and each sought a divorce, when the case was by an order of the Chancellor referred to an Examiner with directions to take such evidence as desired by the parties to be offered and certify the same to the Court for a ruling and disposition on final hearing. Approximately 1,000 pages of testimony were adduced, numerous exhibits filed, and the testimony of several witnesses residing beyond the jurisdiction of the Court was taken by deposition and now appears in the record.

On January 19, 1943, the Chancellor, by a final decree, disposed of the cause, viz.: (1) The parties were divorced from each other; (2) Gladys G. Williamson was ordered to return to her former husband policies of insurance; (3) the household furniture was awarded to Gladys G. Williamson; (4) J. Kenneth Williamson was required to pay Gladys G. Williamson the sum of $150 per month for a period of nine months only; and after the expiration of the nine months he was to pay her the sum of $75 per month for nine months only; and thereafter no other or further alimony should be required or exacted of J. Kenneth Williamson; (5) J. Kenneth Williamson was ordered to pay as counsel fees to the attroneys of record of Gladys G. Williamson the additional sum of $1,000. Gladys G. Williamson has perfected her appeal therefrom to this Court.

Counsel for appellant pose for adjudication on this appeal four questions based largely on the decree appealed from. Counsel for appellee, by brief filed and in oral argument at the bar of this Court, submit the cause to this Court on the four questions submitted by counsel for appellant. Possibly the essential question for...

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11 cases
  • Bare v. Bare, 59-85
    • United States
    • Florida District Court of Appeals
    • May 2, 1960
    ...and Decreed that the plaintiff be awarded alimony in the amount of $100.00 a month for a period of six months.'3 Williamson v. Williamson, 153 Fla. 357, 14 So.2d 712; Burns v. Burns, 153 Fla. 73, 13 So.2d ...
  • Sommers v. Sommers, 64-297
    • United States
    • Florida District Court of Appeals
    • December 15, 1964
    ...remanded for further proceedings as above directed. Affirmed in part and reversed in part and remanded. 1 Compare Williamson v. Williamson, 153 Fla.App., 357, 14 So.2d 712; 154 Fla.App., 200, 17 So.2d 78; 156 Fla.App., 89, 22 So.2d 578, in which a decree ordering alimony to be paid for a li......
  • Knox v. Knox
    • United States
    • Florida Supreme Court
    • June 27, 1947
    ...the payment of alimony to the wife for a period of five years after the date of the final decree, regardless of our several holdings in the Williamson The amount of the monthly payment of alimony under our adjudications turns on the necessities of the wife and the financial ability of the h......
  • Sahler v. Sahler
    • United States
    • Florida Supreme Court
    • February 25, 1944
    ... ... juice'. This writer is not unmindful of the per curiam ... decision of this Court in the case of Williamson v ... Williamson, reported in 14 So.2d 712, at page 713, in which ... the Court said, ... 'In the case of ... Gregg Maxcy, Inc., v ... ...
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