Superior Court of California, County of San Bernardino — appointed by Ronald Reagan
Superior Court of California, County of San Bernardino — appointed by Ronald Reagan
Kaufman v. Kaufman
Supreme Court of Florida · 1953-01-20 · cited 15×
In this case, a wife filed for separate maintenance unconnected with divorce in Florida circuit court after her husband left her and returned to New Jersey, alleging he failed to provide support despite his financial ability. The trial court awarded her $3,900 annually in maintenance plus $4,000 in attorney fees, along with temporary support orders that were later adjusted based on her claimed lack of resources. The Florida Supreme Court affirmed the grant of separate maintenance but reversed the attorney fees award, remanding for a new hearing on the amount of support and fees. The core reasoning was that the wife had undisclosed assets including diamonds valued at $5,000-$6,000 and bank accounts, which undermined prior temporary orders and required reassessment of fees and support with opportunity for the husband to participate and cross-examine if he paid accrued amounts.
family law
Dade County v. Overstreet
Supreme Court of Florida · 1952-07-11 · cited 13×
Dade County filed suit seeking to enjoin its Tax Collector from issuing an occupational license to sell liquor at retail to the Rauzins at a site outside any municipality and within 2500 feet of a school and churches, in violation of a county zoning resolution. The Rauzins had previously obtained a writ of mandamus from the Florida Supreme Court directing the State Beverage Director to approve the license transfer, and the trial court dismissed the county's complaint on grounds of prior adjudication. The Supreme Court reversed, holding that determinations of whether a location complies with zoning resolutions are judicial questions reserved for courts under the state constitution, while the Beverage Director's role is limited to ministerial tasks such as measurements, and the Director lacks authority to adjudicate the validity of local zoning measures.
business & regulatoryprocedure
First Federal Savings & Loan Ass'n of Miami v. Fisher
Supreme Court of Florida · 1952-06-27 · cited 18×
This case concerned a 1939 Florida divorce decree and accompanying property settlement stipulation that required the husband to maintain a house for his ex-wife and son, with the son's interest vesting upon the father's death or remarriage, among other support obligations. Years later, the husband mortgaged the property to First Federal Savings & Loan without the lender discovering the prior interests. The Supreme Court of Florida affirmed the trial court's ruling that the recorded divorce decree and stipulation, combined with the ex-wife's possession of the home, provided the lender with constructive and implied actual notice of those interests, binding the mortgage to them.
family lawproperty
In Re Williams'estate
Supreme Court of Florida · 1952-04-25 · cited 9×
The case concerned the estate of Charles E. Williams, whose 1943 will left a bequest to Faith Temple, Inc., or its successor for broadcasting the gospel, with a provision dividing shares among other named charities if any bequest failed. After Williams's death, a lower court ruled that Faith Temple, Inc., had ceased to exist following a 1944 merger and dissolution, and that Hendricks Avenue Baptist Church was not entitled to the funds as a successor. The Florida Supreme Court reversed, holding that the will demonstrated a general charitable intent to support gospel broadcasting and that the cy pres doctrine applied to redirect the bequest to a suitable institution carrying out that purpose. The court relied on precedents allowing redirection of charitable gifts when the designated recipient no longer exists, provided the testator's broader intent could be fulfilled. The matter was remanded for further proceedings to implement the redirected distribution.
property
Davis v. Dunn
Supreme Court of Florida · 1952-04-25 · cited 21×
In Davis v. Dunn, buyers of a Florida home sued the sellers to rescind the sale and cancel a purchase-money mortgage after discovering heavy termite infestation months after closing, alleging that the sellers' real estate broker had fraudulently misrepresented the property as termite-free. The buyers had paid part cash and executed the mortgage; they claimed they relied on the broker's assurances and would not have purchased otherwise. The sellers denied the claims and countersued to foreclose the mortgage. A special master recommended rescission, but the chancellor ruled for the sellers and entered foreclosure. The Florida Supreme Court affirmed, holding that the buyers had full opportunity to inspect the property or hire an expert before closing but elected not to do so and therefore could not obtain rescission based on the broker's statements.
propertytorts & liability
McNeill v. McNeill
Supreme Court of Florida · 1952-03-28 · cited 21×
This case involved a divorced father's petition to modify a final divorce decree's child custody provisions, claiming the mother was unfit due to immoral character and that his remarriage allowed him to provide a better home. The lower court, adopting a special master's findings, denied the modification for lack of sufficient changed circumstances but also denied the mother's request for attorney fees to defend against the petition. The Florida Supreme Court granted the mother's petition for certiorari and quashed the fee denial, holding that Section 65.16, F.S.A. authorizes discretionary awards of suit money and reasonable attorney's fees to the former wife in proceedings to enforce or modify decrees for alimony or child support. The decision directed the chancellor to determine and award a reasonable fee based on the existing record.
family lawprocedure