Spiers v. Spiers

Supreme Court of Florida
Spiers v. Spiers, 34 So. 2d 434 (Fla. 1948)
160 Fla. 282; 1948 Fla. LEXIS 664
Thomas, Terrell, Adams, Sebring, Chapman, Barns

Spiers v. Spiers

Opinion of the Court

PER CURIAM:

From a careful consideration of the record this court concludes that the chancellor was too generous to the appellee in fixing alimony payments; so the same are reduced from $50 monthly to $25 monthly until further order of the chancellor, and the decree in other respects is—

*283 Affirmed.

THOMAS, C. J., TERRELL, ADAMS and SEBRING, JJ„ concur. CHAPMAN and BARNS, JJ., dissent.

Dissenting Opinion

CHAPMAN, J.,

dissenting.

It is my view that the facts adduced do not justify a decree for alimony in any amount the eighty year old husband. The record discloses that he now possesses only a small sum of money accumulated over the years to be used to sustain Mm in his declining years or to pay the costs of burial in the event of death. He has no income whatsoever and his advanced age precludes his earning a livelihood. The wife, on the other hand, sued him for alimony about six months after their marriage and it appears that she enjoys reasonably good health, is now sixty-seven years of age and capable of making Ler own living.

BARNS, J., concurs.

Reference

Full Case Name
Thomas A. Spiers v. Sarah Glenn Spiers
Status
Published