Young v. Young

THOMAS, J.:

By a decree which is now challenged the appellee was awarded a divorce from the appellant on the ground of desertion.

Three elements of abandonment must be established by the evidence to warrant a divorce under our statute, paragraph 7, Section 4983, C. G. L., 1927, Section 65.04, Florida Statutes, 1941, that is, wilfulness, obstinateness and continuedness “for one year.”

One of the principal points in dispute here is the sufficiency of the testimony to show that the desertion charged by the appellee in the lower court lasted uninterruptedly for the requisite period and to determine…