Legal Opinion · Dissent

Kranz v. Kranz

District Court of Appeal of Florida

Decided March 14, 1989No. 89-149Published

1DissentSchwartz, Chief Judge

As I read this record, the only basis for requiring the husband to move from his home pending the determination of the domestic litigation was the master’s generalized observation that the parties could likely not get along together in the same residence — an observation which is almost by definition true of every couple involved in a dissolution proceeding. Such a conclusion is insufficient as a matter of law to justify the granting of this relief, which is only available upon an affirmative showing of

intemperance ... quarreling or fighting between the parties, or [an] adverse effect upon…

2Cases cited1 opinion

  1. Daniel v. DanielDistrict Court of Appeal of Florida · 1970

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