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41 So. 2d 318

Mercer v. Mercer

Supreme Court of Florida

Decided June 24, 1949

Supreme Court of Florida · decided 1949-06-24

Relies on Eldridge v. Eldridge · Blanton v. Blanton · Nelson v. State Ex Rel. Quigg

Good law ✅— No negative treatment on recordhow we know

Decided 1949-06-24

How this case has been cited

Cited by 21 later decisions — most recently June 2017

18 state decisions

9019491950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Suit between T. Homer Mercer and Olive V. Mercer. From an adverse decree, T. Homer Mercer appeals.

¶2Affirmed. An able Chancellor personally heard the evidence which was introduced in this cause. He observed the witnesses, their demeanor on the witness stand and carefully and correctly appraised the testimony.

¶3Error has not been made clearly apparent. There is substantial evidence in the transcript of record which sustains the Chancellor's findings and his order or judgment predicated thereon. Appropriate case law from this and other jurisdictions was applied by the Chancellor to the facts of this case. Stigletts v. McDonald, 135 Fla. 385, 186 So. 233; Hamilton v. Laesch, 134 Fla. 591, 184 So. 110; Eldridge v. Eldridge, 153 Fla. 873, 16 So.2d 163; Blanton v. Blanton, 154 Fla. 750, 18 So.2d 902; Nelson v. State ex rel. Quigg, 156 Fla. 189, 23 So.2d 136; City of Miami et al. v. C.O. Huttoe, Fla. 38 So.2d 819 and Blanchard et al. v. McCord, et al., Fla., 40 So.2d 457. See also Hartman v. Hartman, Tex.Civ. App., 32 S.W.2d 234; Helmbold v. Helmbold, 127 Misc. 761, 217 N.Y.S. 379; Campbell v. Campbell, 37 Wis. 206; Tillinghast v. Clay, 152 Ga. 816, 111 S.E. 384 and Feinberg v. Feinberg, 72 N.J. Eq. 810, 66 A. 610.

¶4A study of the entire record, including the judgment which contains the chancellor's findings, leads us to the conclusion that the judgment, from which this appeal was prosecuted, should be affirmed.

¶5It is so ordered.

¶6ADAMS, C.J., and CHAPMAN and SEBRING, JJ., concur.

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