Howell v. Howell

THOMAS, Justice.

After hearing the testimony and considering it in the light of the issues formed by the complaint and answer, the chancellor entered a decree divorcing the parties without determining which party should prevail in the suit.

Such procedure is contrary to our pronouncements in Sahler v. Sahler, 154 Fla. 206, 17 So.2d 105, and Macfadden v. Macfadden, 157 Fla. 477, 26 So.2d 502, and is not approved. The reasons for the present position are recorded in both cases and need not be repeated here.

The holding in these decisions was re-announced by the court in the case of Friedman v.…