82 Fla. 48 | Fla. | 1921
The appellee, husband, filed his bill against the appellant, wife, in the Circuit Court of Volusia County in equity for divorce on the alleged grounds of extreme cruelty, and the habitual indulgence of a violent and ungovernable temper toward complainant. The cause was referred to a master to take testimony upon the filing of an answer by the defendant wife, and the master some time prior to the expiration of the three months allowed by the rules for taking testimony, filed his report of the testimony taken, and on the same day with the filing of said master’s report of the evidence taken, without any notice of the hearing, the court below rendered a final decree granting to the complainant husband a divorce a vinculo matrimonii, and this decree the defendant wife brings here for review by appeal.
The action of the court in granting a final decree of divorce on the same day that the report of the master of the evidence taken was filed, and without any setting of the cause down for hearing and without any notice of the final hearing, was error. We think further that upon a
For the errors found the decree .of the court below is hereby reversed at the cost of appellee. , .