Seddon v. Seddon

Citations

• 82 Fla. 48
• 89 So. 348

Syllabus

<p>EQUITY PRACTICE — DIVORCE—GROUNDS FOR, MUST BE STATED IN BILL MORE FULLY AND WITH GREATER PARTICULARITY AND DETAIL THAN IN THE BARE LANGUAGE OF THE STATUTE. IT IS ERROR TO ENTER A FINAL DECREE OF DIVORCE, WITHOUT ANY NOTICE OF THE FINAL HEARING, AND ON THE SAME DAY WITH THE FILING OF THE TESTIMONY TAKEN BY THE MASTER, WHEN THE MASTER’S REPORT IS FILED BEFORE .THE EXPIRATION OF THE TIME ALLOWED BY : LAW FOR THE TAKING OF EVIDENCE, AND WITHOUT ANY SETTING OF THE CAUSE DOWN FOR FINAL HEARING</p> <p>1. It is error for the court to render a final decree of divorce on the same day that the master’s report of the evidence taken is filed, when such report is filed before the time allowed by the rules for the taking of evidence has expired, and without any setting of the cause down for hearing, and without any notice of the final hearing.</p> <p>2. When a bill for divorce alleges the habitual indulgence by the defendant of a violent and ungovernable temper, simply in the language of the statute, but fails to give in detail such facts and circumstances, and such a continued series of such facts, acts- and behaviour as that the court can adjudge for itself whether such acts, facts and behaviour constitute the “habitual indulgence of a violent and ungovernable temper” as is authorized by the statute, such bill fails to state a case authorizing a divorce and should be dismissed on final hearing.</p>