Ashourian v. Ashourian, BD-229

• Decision Date: 13 February 1986
• Docket Number: No. BD-229,BD-229
• Citation: 483 So.2d 486,11 Fla. L. Weekly 399
• Parties: 11 Fla. L. Weekly 399 Robin ASHOURIAN, a/k/a Robin Ash, wife, Appellant, v. Mahmoud ASHOURIAN, a/k/a Mike Ash, husband, Appellee.
• Court: Florida District Court of Appeals

Page 486

483 So.2d 486

11 Fla. L. Weekly 399

Robin ASHOURIAN, a/k/a Robin Ash, wife, Appellant, v. Mahmoud ASHOURIAN, a/k/a Mike Ash, husband, Appellee.

No. BD-229.

District Court of Appeal of Florida First District.

Feb. 13, 1986.

Rehearing Denied March 10, 1986.

Barry L. Zisser and Steven Hurwitz of Zisser, Robinson, Spohrer, Wilner & Harris, P.A., Jacksonville, for appellant.

Lacy Mahon, Jr., Jacksonville, for appellee.

SMITH, Judge.

The wife in this dissolution proceeding appeals an order striking from her counterpetition for dissolution several corporations joined as defendants. Finding no error in the trial court's order, we affirm.

In her counterpetition, the wife alleges a special equity in the husband's various business enterprises on the grounds that she contributed funds from a source unconnected with the marriage, and also contributed much time and effort in running these businesses for which she was never paid any remuneration. She also sought injunctive relief, requesting the court to enjoin the corporations from selling, transferring or disposing of any assets in excess of $100 without first accounting to her, and securing her approval.

It is true that the trial court has no power to order a transfer of corporate assets without joinder of the corporation. Feldman v. Feldman, 390 So.2d 1231 (Fla. 3d DCA 1980); Couture v. Couture, 307 So.2d 194 (Fla. 3d DCA 1975). Nevertheless, even when the corporation is not a party to the dissolution proceeding, the trial court can award the wife a special equity in the husband's interest in the corporation by awarding the wife an equitable portion of the husband's corporate stock. Good v. Good, 458 So.2d 839, 841 (Fla. 2d DCA 1984); Feldman v. Feldman, 390 So.2d at 1232.

The wife's counterpetition does not allege a special equity in any corporate property ¹ but merely alleges a claim against the husband's stock ownership in the corporations. Lack of jurisdiction over the corporations would not prevent the trial court from awarding the wife the husband's interest in them if justified. Further, the trial court may preclude the husband's disposal of assets over which he exercises exclusive control, without the necessity of joining the various corporations as parties.

The cases relied upon by the wife for joinder are distinguishable. In Rosenberg v. North American Biologicals, Inc., 413 So.2d 435 (Fla. 3d DCA 1982), the wife alleged in her complaint that the corporate defendant had illegally...