Coppersmith v. Coppersmith

ALLEN, Chief Judge.

The appellee, as complainant, filed an action for alimony unconnected with divorce under § 65.09, Florida Statutes, F.S.A., and also sought a writ of ne exeat alleging that the defendant had been guilty of desertion for over a year and that defendant had obtained a divorce from the plaintiff in another state. The defendant filed a motion to dismiss on the ground that the complaint failed to state a cause of action and therefore the issuance of the writ and summons was improper. This motion was denied and the defendant has taken this interlocutory appeal from that order.

The…