Fleischer v. Fleischer, No. 90-1515
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | FARMER |
| Citation | 586 So.2d 1253 |
| Parties | 16 Fla. L. Weekly D2508 Howard J. FLEISCHER, Appellant, v. Ivy Faske FLEISCHER, Appellee. |
| Decision Date | 25 September 1991 |
| Docket Number | No. 90-1515 |
Page 1253
v.
Ivy Faske FLEISCHER, Appellee.
Fourth District.
Rehearing and Certification Denied Oct. 29, 1991.
Page 1254
James P. O'Flarity of James P. O'Flarity, P.A., West Palm Beach, for appellant.
Michelle Kohn Harllee of Donald J. Sasser, P.A., West Palm Beach, for appellee.
FARMER, Judge.
We affirm on all issues and mention only briefly an issue sought to be presented on this appeal: whether the chancellor in a dissolution of marriage case can require the husband to get a "get" for his now former wife. A "get" is a document prescribed by Jewish religious tradition, severing the marriage upon an authorization by the husband, which places the wife in a position to remarry within the Jewish religion. See Minkin v. Minkin, 180 N.J.Super. 260, 434 A.2d 665, 667 (1981). In Turner v. Turner, 192 So.2d 787 (Fla. 3rd DCA 1967), cert. denied, 201 So.2d 233 (1967), the third district held that such a provision is unenforceable.
On appeal, the husband argues that it is a violation of the First Amendment to enforce this provision. His argument might be entitled to consideration, however, if he had not taken such an inconsistent position in the trial court on this issue. As it happened, he never opposed it on constitutional grounds. In fact, he testified that he would agree to it if he got what he wanted in the property division. He certainly never raised any kind of constitutional attack on the provision, as he now seeks to do in this court.
Constitutional issues, like any other, are waived unless they are first presented in the trial court. Sanford v. Rubin, 237 So.2d 134 (Fla.1970); and Granados v. Miller, 369 So.2d 358 (Fla. 4th DCA 1979). The only exception to the raise-it-or-waive-it rule is for fundamental error. "Fundamental" error, in this sense, refers to error that goes to the very heart of the judicial process, not to mistakes as to which arguably correct law or rule to apply, or as to the application of such a rule of law to the facts in the case.
In this case, the trial judge ordered the husband to give his approval to the wife's application for a "get" and allowed the wife to withhold money she owes the husband under the final decree until he gives such approval. Because he failed to oppose this provision on any basis other than that he would agree to it if he got the property he wanted, we...
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Martinez v. State, No. 3D04-1521.
...arguably correct law or rule applies, or as to the application of such a rule of law to the facts in a case. Fleischer v. Fleischer, 586 So.2d 1253 (Fla. 4th DCA 1991). Thus, fundamental error occurs if the error extinguishes a party's right to a fair trial. DO ERRORS IN JURY INSTRUCTIONS N......
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Elalouf v. Sch. Bd. of Broward Cnty., No. 4D19-3272
...error because the trial court did not commit error that went to the heart of the judicial process. See Fleischer v. Fleischer , 586 So. 2d 1253, 1254 (Fla. 4th DCA 1991). In this case, appellant pursued one line of argument below, and then pursued a different line of argument on appeal. San......
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Bloch v. Bloch, No. 95-2318
...947 However, while the court lacks authority to order the former husband to participate in a religious ceremony, Fleischer v. Fleischer, 586 So.2d 1253 (Fla. 4th DCA 1991); Turner v. Turner, 192 So.2d 787 (Fla. 3d DCA 1966), cert. denied, 201 So.2d 233 (Fla.1967), we find that this provisio......
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Yau v. Iwdwarriors, Corp., No. 1D13–1698.
...of appeal) was not because of a lack of due process; as such, fundamental error on this basis is not shown. See Fleischer v. Fleischer, 586 So.2d 1253, 1254 (Fla. 4th DCA 1991) (“Fundamental error, in this sense, refers to error that goes to the very heart of the judicial process, not to mi......
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Martinez v. State, No. 3D04-1521.
...arguably correct law or rule applies, or as to the application of such a rule of law to the facts in a case. Fleischer v. Fleischer, 586 So.2d 1253 (Fla. 4th DCA 1991). Thus, fundamental error occurs if the error extinguishes a party's right to a fair trial. DO ERRORS IN JURY INSTRUCTIONS N......
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Elalouf v. Sch. Bd. of Broward Cnty., No. 4D19-3272
...error because the trial court did not commit error that went to the heart of the judicial process. See Fleischer v. Fleischer , 586 So. 2d 1253, 1254 (Fla. 4th DCA 1991). In this case, appellant pursued one line of argument below, and then pursued a different line of argument on appeal. San......
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Bloch v. Bloch, No. 95-2318
...947 However, while the court lacks authority to order the former husband to participate in a religious ceremony, Fleischer v. Fleischer, 586 So.2d 1253 (Fla. 4th DCA 1991); Turner v. Turner, 192 So.2d 787 (Fla. 3d DCA 1966), cert. denied, 201 So.2d 233 (Fla.1967), we find that this provisio......
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Yau v. Iwdwarriors, Corp., No. 1D13–1698.
...of appeal) was not because of a lack of due process; as such, fundamental error on this basis is not shown. See Fleischer v. Fleischer, 586 So.2d 1253, 1254 (Fla. 4th DCA 1991) (“Fundamental error, in this sense, refers to error that goes to the very heart of the judicial process, not to mi......