Judges: PER CURIAM.
Attorneys: Mitchell D. Price, Zaring Florence, of Miami, for appellant.
Shutts, Bowen, Simmons, Prevatt Julian, of Miami, for appellee.
Filed: Mar. 01, 1949
Latest Update: Mar. 02, 2020
Summary: Suit for divorce by Max Lieber against Jennie Lieber. From the decree, plaintiff appeals and defendant cross-appeals. Affirmed. Challenged on this appeal by the parties below are, hereinafter designated provisions of a final decree, entered in the Circuit Court of Dade County, Florida, which granted the husband a divorce and adjudicated property rights of the parties. The parties to this suit were married in 1906 and for many years thereafter resided in Cleveland, Ohio. Max Lieber moved to Dade
Summary: Suit for divorce by Max Lieber against Jennie Lieber. From the decree, plaintiff appeals and defendant cross-appeals. Affirmed. Challenged on this appeal by the parties below are, hereinafter designated provisions of a final decree, entered in the Circuit Court of Dade County, Florida, which granted the husband a divorce and adjudicated property rights of the parties. The parties to this suit were married in 1906 and for many years thereafter resided in Cleveland, Ohio. Max Lieber moved to Dade C..
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On petition for rehearing it is contended (1) that the amount of the Master's fee allowed in the court below was excessive; and (2) the payment thereof by appellant was not a voluntary act but necessary, under Section 59.09, F.S.A., and our ruling in Akins v. Bethea, 33 So. 2d 638, 639, to obtain a review of the cause by this Court on appeal. It may be that the payment thereof by appellant was required in order to obtain a review here. It cannot be said that the amount of the Master's fee was so excessive as to order a refund thereof by the Master.
The petition for rehearing is denied.
ADAMS, C.J., and CHAPMAN, BARNS, and HOBSON, JJ., concur.
