Walker v. Walker

STURGIS, Judge.

The plaintiff-husband in a suit for divorce on the ground of desertion appeals from a final decree which, upon the pleadings and proofs adduced before the chancellor, dismissed the complaint with prejudice.

For reversible error, appellant contends: (1) That the uncontradicted evidence conclusively established his claim for divorce on the ground of desertion; (2) that it was the duty of the trial court sua sponte to strike defendant’s answer as being in violation of Rule 1.5, Florida Rules of Civil Procedure, 30 F.S.A., and Art. II, Sec. 2, Integration Rule of the Florida Bar, 31…