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PACHECO v. PACHECO

No. 39021.

246 So.2d 778 (1971)

Elva Anne PACHECO, Appellant, v. Ferdie PACHECO, Appellee.

Supreme Court of Florida.

April 7, 1971.

Attorney(s) appearing for the Case

Daniel Neal Heller, Miami, for appellant.

Alan R. Schwartz of Horton & Schwartz and Rose & Marlow, Miami, for appellee.

THORNAL, Justice.

By appeal we review a final decree of divorce and related relief whereby a chancellor passed directly on the validity of a state statute. Fla. Const. art. V, § 4(2) (1968), F.S.A.

We must consider the validity of Fla. Stat. § 61.08 (1967), F.S.A. preliminary to our consideration of the final decree which awarded a divorce, child custody and occupancy of the family home to a husband because of the wife's adultery and at the same...

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