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Ross v. Ross

District Court of Appeal of Florida, Fourth District
May 25, 1983
431 So. 2d 742 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-283.

May 25, 1983.

Appeal from the Circuit Court, Broward County, Robert L. Andrews, J.

S. Robert Zimmerman, Pompano Beach, and Barbara J. Compiani of Edna L. Caruso, P.A., West Palm Beach, for appellant.

Brian C. Deuschle of Spear, Deuschle Curran, P.A., Fort Lauderdale, for appellee.


This is an appeal from a trial court's order denying the husband's exceptions to the general master's report which awarded the wife temporary support, alimony, and attorney's fees. In his report, the general master made specific findings of gross misconduct on the part of the wife, including total abandonment of the marriage, plus an ability to earn. In view of these findings, we hold that the general master erred in making the awards to the wife, and that the trial court abused its discretion in following the recommendations of the general master. We, therefore, reverse the awards made and remand the matter to the trial court without prejudice to the wife's application for alimony and attorney's fees at the final hearing on dissolution.

REVERSED AND REMANDED.

DOWNEY, BERANEK and GLICKSTEIN, JJ., concur.


Summaries of

Ross v. Ross

District Court of Appeal of Florida, Fourth District
May 25, 1983
431 So. 2d 742 (Fla. Dist. Ct. App. 1983)
Case details for

Ross v. Ross

Case Details

Full title:AUSTIN HOLMES ROSS, APPELLANT, v. NELDA LOUISE ROSS, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 25, 1983

Citations

431 So. 2d 742 (Fla. Dist. Ct. App. 1983)

Citing Cases

Beers v. Pub. Hlt. Trust of Dade Cty

108 So. at 898-99. See also Ross v. Ross, 431 So.2d 742 (Fla. 4th DCA 1983); Daniel v. Daniel, 243 So.2d 247,…