Bryant v. Bryant

Decision Date14 April 1931
Citation101 Fla. 179,133 So. 635
PartiesBRYANT v. BRYANT.
CourtFlorida Supreme Court

Suit between Hector Bryant and Ella Bryant. From the decree Hector Bryant appeals.

Reversed.

Syllabus by the Court.

SYLLABUS

Where the jurisdiction of a court of equity has been wrongfully invoked and a final decree obtained upon false allegations of jurisdictional facts, the defendant, being free from laches may obtain relief by way of motion to vacate such final decree and a decree pro confesso upon which it is based. The decree rendered in such a case, being valid on its face where there is nothing in the record showing it otherwise, is not void, but merely voidable, as where the facts showing the lack of jurisdiction can only be established by matters dehors the record.

In a case where the decree is voidable, but not void, because of the fact that the lack of jurisdiction only appears from matters dehors the record and not on the face of the record the defendant attacking the decree should show by his motion deceit, surprise, or irregularity in the obtaining of the decree, and that the defendant against whom the decree was entered has acted bona fide and with reasonable diligence, and has a meritorious defense.

Appeal from Circuit Court, Pinellas County; John U. Bird, judge.

COUNSEL

Billie B. Bush, of Tampa, and J. N. Hutchins, of Orlando, for appellant.

R. S. Field, of Orlando, for appellee.

OPINION

PER CURIAM.

Where the jurisdiction of a court of equity has been wrongfully invoked and a final decree obtained upon false allegations of jurisdictional facts, the defendant, being free from laches may obtain relief by way of motion to vacate such final decree and a decree pro confesso upon which it is based. The decree rendered in such a case, being valid on its face, where there is nothing in the record showing it otherwise, is not void but merely voidable, as where the facts showing the lack of jurisdiction can only be established by matters dehors the record. Sawyer v. Gustason, 96 Fla. 6, 118 So. 57.

In this case the decree was voidable but not void, because the lack of jurisdiction only appears from matters dehors the record alleged by the defendant in her petition to vacate the decree, not on the face of the record of the original proceeding when final decree was entered.

In such a situation the defendant should show by his motion, deceit surprise, or irregularity in...

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16 cases
  • In re Hanson's Estate
    • United States
    • U.S. District Court — District of Columbia
    • October 25, 1962
    ...respect. "Under such circumstances a final decree is at most voidable only. Ponder v. Mosley, 2 Fla. 207, 48 Am. Dec. 194; Bryant v. Bryant, 101 Fla. 179, 133 So. 635. It is necessary in this case in order for the appellant-petitioner to show the invalidity of the final decree of divorce fo......
  • Camp v. Camp
    • United States
    • New York Supreme Court
    • June 26, 1959
    ...the decree is absolutely void and may be set aside at any time. Chisholm v. Chisholm, supra; Wade v. Wade, supra; see Bryant v. Bryant, 101 Fla. 179, 133 So. 635; Dye v. Dolbeck, 114 Fla. 866, 154 So. In the Chisholm case, a decree pro confesso was held to be jurisdictionally defective and ......
  • Grantham v. Grantham
    • United States
    • Florida Supreme Court
    • September 26, 1939
    ... ... appellee in the lower court was improper. The following ... authorities are cited: Bryant v. Bryant, 101 Fla ... 179, 133 So. 635; Chisholm v. Chisholm, 98 Fla ... 1196, 125 So. 694; Cone v. Cone, 102 Fla. 793, 136 ... So. 466. But ... ...
  • Bemis v. Loftin
    • United States
    • Florida Supreme Court
    • March 23, 1937
    ... ... before the particular court and in the particular ... jurisdiction where the challenged decree was entered in the ... first place. Bryant v. Bryant, 101 Fla. 179, 133 So ... 635; Cone v. Cone, 102 Fla. 793, 136 So. 466; ... State ex rel. Willys v. Chillingworth, Judge, 124 ... Fla ... ...
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