Barco v. Barco
Barco v. Barco
Opinion of the Court
In a suit for alimony unconnected with divorce a final judgment was entered favorable to the wife, requiring the husband to pay weekly support payments and attorneys’ fees and costs to the wife. The husband appeals contending that there was insufficient corroboration by the wife of any wrongdoing on the part of the husband.
Plaintiff’s complaint alleged that the defendant husband was guilty of extreme cruelty. In order to obtain relief under Section 61.09, F.S. 1967, F.S.A., on the grounds of a cause of divorce existing in favor of the wife, the wife must allege and prove such grounds to the same extent as would be required for the granting of a divorce should she ask for it.
In this case the parties married in 1962. The wife was then 47 and entering her fifth marriage, the four prior marriages ending in divorce. The husband was then age 80, entering his second marriage, the
Assuming that the plaintiff’s testimony established conduct on the part of defendant which would entitle plaintiff to1 a divorce on the grounds of extreme cruelty, we are of the view that the corroboration of the single incident occurring three years prior to the separation is insufficient corroboration of the plaintiff’s cause of action.
Appellant questions the award of attorney’s fee to the wife’s attorney. The wife’s need and the husband’s ability are not disputed. The wife was entitled to an award of attorney’s fees under the statute,
That portion of the final judgment awarding plaintiff attorney’s fees and costs is affirmed; in all other respects the final judgment is reversed.
Affirmed in part, reversed in part.
. Daniel v. Daniel, Fla.App.1965, 171 So. 2d 180; Poerschke v. Poerschke, Fla.App.1959, 114 So.2d 30.
. Holmes v. Holmes, Fla.1957, 95 So.2d 593; Martin v. Martin, Fla.1953, 66 So.2d 268; Morgan v. Morgan, Fla. 1949, 40 So.2d 778; Fisher v. Fisher, Fla.App.1961, 134 So.2d 277; Martin v. Martin, Fla.App.1958, 102 So.2d 837.
. Hillyard v. Hillyard, Fla.App.1968, 212 So.2d 306; Dings v. Dings, Fla.App. 1964, 161 So.2d 227.
. Clutter v. Clutter, Fla.App.1968, 207 So.2d 499; Lentz v. Lentz, Fla.App. 1960, 120 So.2d 815; Martin v. Martin, Fla.App.1958, 102 So.2d 837.
. Dawson v. Dawson, Fla.App.1964, 164 So.2d 536.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.