Supreme Court of Florida, 1953

McMullen v. McMullen

McMullen v. McMullen
Supreme Court of Florida · Decided November 20, 1953 · Drew, Hobson, Mathews, Roberts, Sebring, Terrell, Thomas
68 So. 2d 179; 1953 Fla. LEXIS 1733 (Southern Reporter, Second Series)

McMullen v. McMullen

Opinion of the Court

PER CURIAM.

We- are convinced that there was no evidence to warrant a final decree of divorce and that notwithstanding the lack of exceptions to the master’s report the chancellor should have dismissed the cross bill as well as the bill. See Lyon v. Lyon, Fla., 54 So.2d 679.

The decree is reversed with directions to dismiss the cause.

THOMAS, SEBRING, HOBSON, MATHEWS and DREW, JJ., concur. ROBERTS, C. J., and TERRELL, J., dissent.

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