ANIBEL K. TYRRELL, APPELLANT,
v.
GORDON W. TYRRELL, APPELLEE
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.
The court affirmed the trial court's dissolution of marriage on irretrievable breakdown grounds and awards of child support and rehabilitative alimony, finding no clear error in the trial court's factual findings.
A trial court's judgment dissolving a marriage on the ground of irretrievable breakdown and awarding child support and rehabilitative alimony will not be disturbed on appeal absent clear error.
[1] On appeal from a judgment dissolving a marriage on conflicting evidence, the trial court's factual findings are presumed correct and will not be disturbed absent a clear…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant sought reversal of a final judgment dissolving the marriage and awarding child support payments and rehabilitative alimony for a period not …
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.
Explore caselaw by topic → Browse Irretrievably Broken Marriage cases and more on FLexlaw
Appellant seeks reversal of a final judgment which dissolved the marriage between the parties upon the ground that the marriage wa9 irretrievably broken and awarded child support payments and rehabilitative alimony.
In this appeal appellant contends, inter alia, that the trial court erred in finding that the marriage was irretrievably broken, in fixing the amount of child support payments and in awarding rehabilitative alimony for a period not to exceed eighteen months.
From the record before us, as well as the briefs and oral argument, it is apparent that the evidence proffered by the appellant, defendant below, was not only of acts done after the final separation of the parties, but, if admissible, would have substantiated the appellee’s contention and the trial court’s finding that the marriage was irretrievably broken. We think, and so hold, that the trial court’s judgment on conflicting evidence should not be disturbed on appeal. The trial court’s judgment is clothed with a presumption of correctness and we do not think the appellant has overcome this presumption. It is not the province of this Court to substitute its judgment for that of the trier of facts in the absence of a clear showing of error.
The judgment is accordingly affirmed.
The respective petitions for attorneys’ fees are denied.
WIGGINTON, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Herzog v. Herzog, 346 So. 2d 56 (Fla. 1977)…ird District (Herzog v. Herzog, 330 So. 2d 116), which allegedly conflicts with a prior decision of this Court (Shaw v. Shaw, 334 So. 2d 13 (Fla.1976)), as well as a prior decision of the District Court of Appeal, First District (Tyrrell v. Tyrrell, 281 So. 2d 221), and the District Court of Appeal, Second District (Hobbs v. Hobbs, 136 So. 2d 363) on the same point of law. We have jurisdiction, pursuant to Article V, Section 3(b)(3), Florida Constitution. Petitioner wife filed suit for dissolution of marriag…
-
Schwab v. Quitoni, 362 So. 2d 297 (Fla. 3d DCA 1978)…anor while testifying. A presumption of correctness attaches to the judgment appealed, and appellant has failed to overcome this presumption. See Herzog v. Herzog, 346 So. 2d 56 (Fla.1977); Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Tyrrell v. Tyrrell, 281 So. 2d 221 (Fla. 1st DCA 1973). Accordingly, the final judgment herein appealed is affirmed.…
-
Harrison v. Harrison, 314 So. 2d 812 (Fla. 3d DCA 1975)…ment in finding that the marriage was irretrievably broken is clothed with a presumption of correctness, and this court may not substitute its judgment for that of the trier of fact without a clear showing of error. Tyrrell v. Tyrrell, Fla.App.1973, 281 So. 2d 221. Therefore, we must view the record of the evidence before the trial judge in a light most favorable to his findings. Having thus proceeded, we find that there is evidence in this record that the marriage has been a difficult one for both of the par…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence