Kutner v. Kutner, (1947)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: BUFORD, J.:
Attorneys: Waybright Waybright, for appellant.
Macfarlane, Ferguson, Allison Kell, for appellee.
Filed: Dec. 16, 1947
Latest Update: Mar. 02, 2020
Summary: From a decree granting divorce on cross complaint filed by the defendant, the plaintiff, cross-defendant, appeals. The record shows that the original plaintiff came to Florida for the sole purpose of obtaining a divorce; that she immediately consulted an attorney and delineated her alleged grounds for divorce and employed him to proceed with such suit. The attorney advised her that she would have to establish her residence in Florida and remain here for 90 days before the suit for divorce could
Summary: From a decree granting divorce on cross complaint filed by the defendant, the plaintiff, cross-defendant, appeals. The record shows that the original plaintiff came to Florida for the sole purpose of obtaining a divorce; that she immediately consulted an attorney and delineated her alleged grounds for divorce and employed him to proceed with such suit. The attorney advised her that she would have to establish her residence in Florida and remain here for 90 days before the suit for divorce could b..
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The error complained of was induced by an alleged false allegation by plaintiff, in her bill, of a fact going to her right to institute the suit. The chancellor found such fact to be true. Now the appellant seeks reversal because of the error of the chancellor in finding such false allegation to be true. An invited error is not, under all the facts here, ground for reversal; it is invited error.
CHAPMAN, J., concurs.
Source: CourtListener
