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230 So. 2d 49

Walton v. Walton

District Court of Appeal of Florida

Decided December 30, 1969

District Court of Appeal of Florida · decided 1969-12-30

Cited by 2 later decisions — most recently May 2005

2 state decisions

Relies on Roy v. Roy · Fisher v. Fisher

Good law ✅— No negative treatment on recordhow we know

Decided 1969-12-30

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PER CURIAM.

¶1The defendant-wife appeals a final judgment which granted the plaintiff-husband a divorce on the ground of desertion, and denied her claim for alimony and certain expenses in connection with her defense of the suit.

¶2It is appellant’s contention that the testimony is insufficient to support the husband’s allegation that she was guilty of desertion as defined by § 61.041(7) Fla. Stat., F.S.A. The above cited statute requires a spouse seeking divorce on the grounds of desertion to show that such desertion was “wilful, obstinate and continued ” for a period of one year.

¶3We find merit in the appellant’s contention that the complained-of desertion was not “continuous” for a period of one year immediately prior to the commencement of the law suit, as contemplated by the statute. See Fisher v. Fisher, Fla.App.1961, 134 So.2d 277; Walker v. Walker, Fla.App.1960, 123 So.2d 692.

¶4Therefore, the final judgment of divorce is reversed.

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