Capone v. Capon

962 So.2d 835 (2006)

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Nature of the Case

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Facts

John (H)), and Beverly (W) were married in April 1984. In late December 2004, the parties separated, and H sued W for a divorce. W counterclaimed for a divorce, alleging that H had committed adultery. W testified that H had had an affair with J.T., a mutual friend of the couples and a coworker of H. J.T. and H would speak to each other regularly on the telephone and J.T., and H both lied to her about going on a temporary-duty assignment ('TDY') to Texas in November 2004. W also photographed H's truck outside J.T.'s apartment on January 1, 2005. She saw H go in and out of the apartment and load and unload boxes from J.T.'s vehicle; she also said that H left once and returned approximately 15 minutes later. W then later telephoned H on his cellular telephone and asked him what he was doing that day; H lied to her and told her he was with his father looking at old cars. H denied having an affair with J.T., stating that they were friends. The trial court entered a judgment divorcing the parties on the grounds of adultery, incompatibility of temperament, and irretrievable breakdown of the marriage. H appeals the trial court's judgment arguing that the trial court's finding that he committed adultery is not supported by the evidence.