AUSTIN HOLMES ROSS, APPELLANT,
v.
NELDA LOUISE ROSS, APPELLEE

Fla. 4th DCA | 1983-05-25
No. 83-283
DOWNEY, BERANEK and GLICK-STEIN, JJ., concur.
431 So. 2d 742 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a trial court’s order denying the husband’s exceptions to the general master’s report which awarded the wife temporary support, alimony, and attorney’s fees. In his report, the general master made specific findings of gross misconduct on the part of the wife, including total abandonment of the marriage, plus an ability to earn. In view of these findings, we hold that the general master erred in making the awards to the wife, and that the trial court abused its discretion in following the recommendations of the general master. We, therefore, reverse the awards made and remand the matter to the trial court without prejudice to the wife’s application for alimony and attorney’s fees at the final hearing on dissolution.

REVERSED AND REMANDED.

DOWNEY, BERANEK and GLICK-STEIN, JJ., concur.


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  • Lolan Beers v. The Pub. Health Tr. OF Dade Cnty., 468 So. 2d 995 (Fla. 3d DCA 1985)
    …ete bar to any right she may have to temporary alimony. Therefore, the court’s implicit holding was that a wife’s abandonment of her husband dissolves the husband’s common law obligation to support his wife. 108 So. at 898-99. See also Ross v. Ross, 431 So. 2d 742 (Fla. 4th DCA 1983); Daniel v. Daniel, 243 So. 2d 247, 248 (Fla. 1st DCA 1971) (on petition for rehearing); Bloom v. Bloom, 131 So. 2d 27 (Fla. 3d DCA 1961). Since a husband’s liability for his wife’s necessaries, like a wife’s right to temporary a…
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  • MT. Sinai Med. Ctr., Inc. v. Perez-Torbay, 555 So. 2d 1300 (Fla. 3d DCA 1990)
    …illing to narrow the scope of their request, then compilation of the information should be conditioned upon plaintiffs’ advancing the expenses of compiling the interrogatory answers. See Fla.R.Civ.P. 1.280(c); Korneffel v. South Broward Hosp. Dist., 431 So. 2d 742 (Fla. 4th DCA 1983); Schering Corp. v. Thornton, 280 So. 2d 493 (Fla. 4th DCA 1973); see also North Miami Gen. Hosp. v. Royal Palm Beach Colony, Inc., 397 So. 2d 1033 (Fla. 3d DCA 1981). The rules contemplate that adjustment of the burden will ordin…
  • Rinker Materials Corp. v. Navistar Int'l Transp. Corp., 654 So. 2d 279 (Fla. 4th DCA 1995)
    …urt has frequently mandated that expensive or burdensome production be conditioned upon advance payment of the expense to be incurred. E.g., Dow Corning Corp. v. Garner, 423 So. 2d 1034 (Fla. 4th DCA 1982); Korneffel v. South Broward Hosp. District, 431 So. 2d 742 (Fla. 4th DCA 1983). See also, Schering Corp. v. Thornton, 280 So. 2d 493 (Fla. 4th [*281] DCA 1973). However, in Sobering, we recognized that payment issues should be resolved on a case by case basis. There are frequently circumstances in which it…

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