Converse v. Converse

Citations

• 81 Fla. 671
• 88 So. 609

Syllabus

<p>1. ■ In suits involving the marital status- and .rights, strict rules of prqcedure are not required; and where the .rights of the .parties are in. substance protected, the proceedings are largely in the discretion of the trial court.</p> <p>2. Orders enlarging -the time' 'for' taking testimony ' in • equity causes are within the-sound, discretion-of .the .judge, when special cause is shown; .and unless abuse of .such discretion appears the appellate court will not interfere.</p> <p>3. Where there has been failure to' take testimony within the time allowed by Equity Rule 71, and laches in applying for enlargement of time to take it, the enlargement should not be granted except upon strong showing of disqualification or positive hindrance to act, or of excuse in the indulgence or assent of the other side.</p> <p>4. ' Where no testimony- has been taken in • a suit to set aside a decree of divorce and the time allowed -by the rule for taking testimony has expired, and counsel for complainant makes affidavit “that' a material part of the claim of the complainant depends upon the testimony of” the complainant and others whose names and their addresses in another State are given, and counsel also makes affidavit to the effect that the delay was due to his impression that he. was extending a courtesy to opposing counsel, an order denying a motion to dismiss and extending the time' for taking testimony will not be reversed as being an abuse of discretion or as being without a sufficient predicate.</p>