Daniel v. Daniel

ON PETITION FOR REHEARING

Appellant has filed his petition suggesting that the court has overlooked the provisions of Section 61.071, Florida Statutes, F.S.A., by approving an award of temporary alimony in the trial court where there was no showing that appellant, defendant below, was in any way at fault respecting the statutory grounds for divorce. Appellant correctly argues not only the absence, thus far, of proof of fault on his part but directs our attention to the lower court’s holding in its interlocutory order of December 3, 1969, that:

“ * * * The evidence produced at the hearing does…