Legal Opinion · Dissent

Gary v. Gary

District Court of Appeal of Florida

Decided June 16, 1970No. Nos. 70-275, 70-432Published

1DissentPearson, Chief Judge

I respectfully dissent from the holding that the order denying suit money is within the discretion of the trial court upon the facts of this case. The husband has instituted this action against his wife, who is without funds to defend herself. There is no finding nor does the record show any basis for a conclusion that the wife is doing anything more than is necessary to defend herself. Under these circumstances I think that the law of this state as well as the justice of the cause call for a reasonable allowance for discovery prior to trial. See McAllister v. McAllister, 140 Fla. 207, 191…

2Cases cited3 opinions

  1. Helsel v. HelselDistrict Court of Appeal of Florida · 1962
  2. Silberman v. KatcherDistrict Court of Appeal of Florida · 1968
  3. McAllister v. McAllisterSupreme Court of Florida · 1939

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