Florida/Georgia Personal Injury & Workers Compensation

...has been found to have abdicated his presumptive position as head of the family, where the primary family relationship of husband and wife remains intact with all the attendant duties and obligations thereby imposed upon him under our law. See F.S. § 708.10, F.S.A.; Contractors Contract NOY5948 v....

...Heckes, 129 Fla. 653, 176 So. 541 (1937). [2] F.S. § 61.13 (1971), F.S.A. [3] Beard v. Beard, 262 So.2d 269 (1 Fla. App. 1972), and Yordon v. Savage, Fla. Sup.Ct., 279 So.2d 844, Opinion filed July 5, 1973. [4] McRae v. McRae, 52 So.2d 908 (Fla. 1951), and F.S. § 708.10 (1971), F.S.A.

...nesses, even though such contract was not acknowledged by the wife. We have considered the contention of appellants that the provision of the Florida Emancipation Act, being Section 3 of Chapter 21932, Laws of Florida, Acts of 1943, and appearing as Section 708.10, Florida Statutes, same F.S.A., that the Act "shall not be construed as * * * dispensing with the joinder of husband and wife in conveying or mortgaging homestead property" has the effect of perpetuating the former requirement as to ma...

...ee Ch. 61, Fla. Stat. (1983). A husband's liability for his wife's necessaries arises from the common law duty of a husband to support his wife. The common law duty has not been replaced or altered by the Florida legislature. Cf. Fieldhouse (finding section 708.10, Florida Statutes (1977), constitutional, and holding that the statute does not affect the common law duty of a husband to support his wife)....

...The statute merely allows one spouse to petition the court to acquire support from the other spouse when the other spouse may have a duty to provide such support under the common law. Cf. Fieldhouse v. Public Health Trust, 374 So.2d 476, 478 (Fla. 1979) (section 708.10, Florida Statutes (1977) "does not create a duty on the part of the husband to support his wife"), cert....

HATCHETT, Justice. This cause is before the court on direct appeal from an order entered in the Circuit Court of Dade County, Florida, upholding the constitutionality of section 708.10, Florida Statutes (1977)....

...igation to supply the necessities of his wife. In their answer, the Fieldhouses asserted affirmative defenses and counterclaimed for a declaratory judgment that the action against Edmond Fieldhouse was unconstitutional. Their specific claim was that section 708.10, Florida Statutes, violated article I, section 2, and article X, section 5 of the Florida Constitution, as, well as the equal protection clause of the fourteenth amendment to the United States Constitution, when interpreted in light of...

...Section 10 of that act states inter-alia: “This law shall not be construed as: (1) Relieving a husband from any duty of supporting and maintaining his wife and children.” The trial judge upheld the constitutionality of the statute by stating: *478 This court holds that F.S. 708.10 and the common law duty of a husband to support his wife are valid and do not violate Article X, Section 5, and Article I, Section 2 of the Florida Constitution and the equal protection clause of the Fourteenth Amendment to the federal cons...