WESTBERRY v. WESTBERRY

No. 68-561.

226 So.2d 405 (1969)

Elmer P. WESTBERRY, Appellant, v. Barbara Ann WESTBERRY, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 2, 1969.


Attorney(s) appearing for the Case

Henry M. Cain and Edward L. Lustgarten, Miami, for appellant.

Thomas L. Treadwell, of Parks, Emerson, Treadwell & Elkins, Naples, for appellee.


PER CURIAM.

The final decree entered in this divorce action does not conform with the chancellor's orally pronounced final decree at the close of the final hearing in the presence of both parties and their counsel.

The written final decree grants the divorce to both parties, whereas the oral pronouncement granted the divorce to the plaintiff-appellee.

The written final decree grants the home of the parties to the plaintiff-appellee as lump-sum alimony...

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