Haddon v. Haddon
Citations
- 36 Fla. 413
Syllabus
<p>DIVORCE — ALIMONY PENDENTE LITE — WHEN GRANTED — JUDICIAL DISCRETION IN GRANTS OF SUBJECT TO REVIEW.</p> <p>1. Two things must concur, and must be made to appear before a court is justified in making any allowance to the wife in divorce proceedings for alimony pendente lite and for counsel fees: (1) A necessity therefor must appear on the part of the-wife, from her want of means, or of sufficient means to maintain herself during the litigation and with which to employ counsel; (2) and it must also appear that the husband has the pecuniary ability to supply that necessity. If it appears in such a case that the applicant wife has abundant means or property of her own, that is under her control and at her disposal, out of which to maintain herself and to employ counsel then the necessity for the allowance is wanting, and it should be denied.</p> <p>2. The granting or withholding of allowances for alimony pendente lite and counsel fees in divorce proceedings is discretionary with the court to whom the application therefor is made, it is-not an arbitrary discretion, but a judicial one, to be exercised in accordance with well established rules of law wisely adapted to the facts appearing in each particular case; and when the discretion is abused, it is a matter from which an appellate-court will grant relief.</p>
Judges: Taylor
Read full opinion on CourtListenerCited by
8 cases in this archive cite this case.
- Jacobs v. JacobsSupreme Court of Florida· 1951-01-05· cited 35×
- Arendall v. ArendallSupreme Court of Florida· 1911-01-15· cited 19×
- Walton v. WaltonDistrict Court of Appeal of Florida· 1974-02-26· cited 18×
- Faircloth v. FairclothDistrict Court of Appeal of Florida· 1975-10-29· cited 14×
- Novack v. NovackDistrict Court of Appeal of Florida· 1967-03-14· cited 11×
- Thompson v. ThompsonSupreme Court of Florida· 1923-12-04· cited 9×
- Zuidhof v. ZuidhofDistrict Court of Appeal of Florida· 1971-01-08· cited 7×
- Naster v. NasterDistrict Court of Appeal of Florida· 1963-02-27· cited 5×
Cites
7 cases in this archive are cited by this case.
- Chaires v. ChairesSupreme Court of Florida· 1864-07-01· cited 21×
- Underwood v. UnderwoodSupreme Court of Florida· 1868-07-01· cited 16×
- Sanchez v. SanchezSupreme Court of Florida· 1885-01-15· cited 16×
- Porter v. PorterMississippi Supreme Court· 1866-10-15· cited 16×
- Kenemer v. KenemerIndiana Supreme Court· 1866-05-15· cited 14×
- Turner v. TurnerCalifornia Supreme Court· 1889-08-05· cited 12×
- Ross v. RossMichigan Supreme Court· 1881-10-26· cited 12×
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