GUENEVERE SCHOMBERG
v.
J. SHERWOOD SCHOMBERG

Fla. | 1939-02-07
Whitfield, P. J., and Brown, J., concur., Terrell, C. J., and Buford, J., concur in the opinion and judgment., Justice T i-iomas not participating ás authorized by Section 4687 Compiled General Laws of 1927 and Rule 21-A of the Rules of this Court.
136 Fla. 310 Florida Supreme Court (1939)
Also reported at: 186 So. 507

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

This is a divorce appeal in which the husband sought dissolution of marriage on grounds of extreme cruelty and ungovernable temper, while the wife countered with an adultery allegation. The Florida Supreme Court affirmed the lower court's decree granting the divorce, applying the standard that findings of fact by the trial court will not be disturbed unless clearly erroneous.


Holding

The Florida Supreme Court affirmed the final decree of divorce, holding that the lower court did not err in entering the decree and that the findings of fact by the trial court would not be disturbed on appeal unless clearly erroneous.


Key Quotes

“This Court has repeatedly held that the findings of a Chancellor on appeal will not be disturbed unless clearly erroneous.”

Establishes the standard of review for appellate consideration of trial court findings of fact in divorce cases.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The parties were married in Bowling Green, Ohio on December 17, 1934, and moved to Miami, Florida shortly thereafter, cohabiting as husband and wife u…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Chapman, J.

Chapman, J.

— This cause is here on appeal from a final decree dissolving the bonds of matrimony as between the parties to this suit made and entered by the Circuit Court of Dade County, Florida, on June 30, 1938. From this final decree an appeal was taken, the transcript of record perfected and filed in this Court as required by the rules. Tire final decree is assigned as error in this Court.

The husband filed the bill of complaint in the lower court, where he represented that the parties were married in Bowling Green, Ohio, on December 17, 1934, and shortly thereafter moved to Miami, Florida, and continued to cohabit as husband and wife until the 1st day of December, 1937. The bill of complaint Seeks a divorce on two grounds: (a) extreme cruelty practiced by the defendant towards plaintiff; and (b) habitual indulgence in a violent and ungovernable temper on the part of the defendant.

The defendant, Guenevere Schomberg, in her answer to the bill of complaint either admitted or denied each paragraph thereof, thereby making an issue of fact, and. further *311charged that her husband, the plaintiff, committed adultery with a. woman therein named, at the Terrace Hotel, in Lake-land, Florida, on May 27th, 28th and 29th, 1937.

The lower court, by an appropriate order, appointed Hon. Cecil Curry, Special Master, with full and complete directions to take all the evidence that would be offered by the respective parties, and after the receipt of all the evidence that the Special Master report his findings on questions of law and fact, with recommendations as to a final decree to be entered in the lower court. The Special Master discharged all duties resting upon him by the terms' of the appointment, and made his findings, both as to law and fact, and recommended that a final decree be entered in behalf of the plaintiff below. The report and recommendations of 'the' Special Master were in all respects ratified, approved and confirmed.

We have carefully examined the testimony taken before the Special Master, the exhibits offered in evidence by counsel for the respective parties, and after a study of the transcript, a full consideration of the briefs and authorities cited, we have concluded that the final decree appealed from should be affirmed. This Court has repeatedly held that the findings of a Chancellor on appeal will not be disturbed unless: clearly erroneous. See Farrington v. Harrison, 95 Fla. 769, 116 So. 497; Atlantic Bank, etc., Co. v. Sengstak, 95 Fla. 606, 116 So. 267; Mock v. Thompson, 58 Fla. 477, 50 So. 673; Lucas v. Wade, 43 Fla. 419, 31 So. 231; Kent v. Knowles, 101 Fla. 1375, 133 So. 315, 317.

We are not prepared to say that the lower court erred in entering the decree appealed. The same is hereby affirmed.

Whitfield, P. J., and Brown, J., concur.

Terrell, C. J., and Buford, J., concur in the opinion and judgment.

*312Justice T i-iomas not participating ás authorized by Section 4687 Compiled General Laws of 1927 and Rule 21-A of the Rules of this Court.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw