401 F2d 616 Maner v. Maner

401 F.2d 616

Ingela Idfors MANER, Appellant,
Pitt Tyson MANER, Jr., Appellee.

No. 25650.

United States Court of Appeals Fifth Circuit.

Sept. 27, 1968.

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Jack Crenshaw, Montgomery, Ala., for appellant.


Charles M. Crook, Lea Harris, Montgomery, Ala., for appellee.



1 Sometimes referred to by the parties and especially by the District Judge as 'separate maintenance,' apparently because the wife's Florida state court complaint was filed under the provisions of Florida Statutes, Sec. 65.09, F.S.A., which authorizes an award of 'alimony' without seeking a divorce upon the complaint filed.

2 Mrs. Maner had already secured a judgment for $5,984 on June 16, 1967-- when the original order was modified and monthly alimony increased-- for past due amounts to that date. The Federal District Judge also considered that the original suit should be dismissed without prejudice since only $5,984 of hte wife's claims had been reduced to a final judgment, and the jurisdictional amount was therefore lacking. See judgment dated May 1, 1968 in Docket No. 26267 of this Court, entitled Maner v. Maner.