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WEINSCHEL v. WEINSCHEL

No. 78-1228.

368 So.2d 386 (1979)

Sally A. WEINSCHEL, Appellant, v. Bruno O. WEINSCHEL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 30, 1979.

Attorney(s) appearing for the Case

Smathers & Thompson and Keith E. Hope, Miami, for appellant.

Koeppel, Stark & Newmark and Robert L. Koeppel, Miami, for appellee.

Before BARKDULL and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

HUBBART, Judge.

This is an action for marriage dissolution and a counterclaim by the wife for separate maintenance brought in the Circuit Court for the Eleventh Judicial Circuit of Florida. The trial court dismissed both actions. The wife appeals the dismissal of the counterclaim.

The central issue presented for review is whether it is essential to an action for separate maintenance under Section 61.09, Florida Statutes (1977), that (a) the marital domicile...

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