ALBRITTON v. ALBRITTON

No. 1830.

212 So.2d 817 (1968)

Vivian M. ALBRITTON, Appellant, v. Charles E. ALBRITTON, Appellee.

District Court of Appeal of Florida. Fourth District.

July 29, 1968.


Attorney(s) appearing for the Case

Robert G. Petree of Bornstein & Petree, Orlando, for appellant.

George C. Cox of Tongue & Cox, Fort Walton Beach, for appellee.


WALDEN, Chief Judge.

This is an appeal from an order of dismissal entered in a contested divorce suit.

The appellate problem may be stated as follows:

"Does evidence of an incidental act of marital relations between husband and wife subsequent to the filing of a divorce complaint constitute condonation requiring dismissal of a suit in the absence of any testimony regarding the element of forgiveness?"

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