Hurlock v. Hurlock
| Decision Date | 31 December 1997 |
| Docket Number | No. 97-1231,97-1231 |
| Citation | 703 So.2d 535 |
| Parties | 23 Fla. L. Weekly D87 . HURLOCK, Appellant, v. Juliet HURLOCK, Appellee. District Court of Appeal of Florida, Fourth District |
| Court | Florida District Court of Appeals |
Deborah K. Avis of Avis & Avis, P.A., North Palm Beach, for appellant.
No appearance for appellee.
In this non-final appeal, the former husband, a New York resident, challenges an order of the trial court denying his motion to quash service of process where the former wife filed a petition for dissolution of marriage in Palm Beach County seeking alimony, primary residential custody of the couples' children, child support, and equitable distribution of the marital assets. The trial judge was correct in denying the motion to quash because it asserted that he had no jurisdiction to grant any relief. He does have jurisdiction to dissolve the marriage and to decide custody of the children. We, therefore, affirm the denial with the limitation that he can only grant that relief.
The parties to this appeal were married in 1982 and, at the time of their separation, resided in New York. The former wife then moved to Florida, while the former husband remained in New York. In October of 1996, the former wife filed her petition for dissolution of marriage. The former husband was personally served, in New York, with a copy of the petition and a summons. In response, the former husband filed a notice of special appearance for the purpose of quashing service of process. Specifically, the former husband argued that the trial court lacked personal jurisdiction over him in that he had no contacts with Florida nor had the couples' marital domicile ever been in Florida. The trial court denied his motion.
A non-resident's act of maintaining a marital domicile in Florida at the time of commencement of the action, or residence in Florida prior thereto, will subject that person to personal jurisdiction for proceedings regarding alimony, child support, or property division. See § 48.193(1)(e), Fla. Stat. (1995). However, in the instant case, not only does the petition for dissolution not allege these facts, but the former husband's affidavit specifically refutes them, and there was no counter-affidavit filed by the former wife. Thus, to the extent that the petition sought alimony, child support, and property division, the trial court erred in denying the former husband's motion to quash as the Florida court lacked the required personal jurisdiction. See McCabe v. McCabe, 600 So.2d 1181, 1184-85 (Fla. 5th DCA 1992)( that where petition for dissolution failed to allege either that parties maintained a marital domicile in Florida or that former wife resided in Florida, service of process upon former wife under long-arm statute was void); Shefer v. Shefer, 440 So.2d 1319, 1319 (Fla. 3d DCA 1983)( that since it was undisputed that the...
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Hesselton v. Hesselton, 2D05-6149.
...to dissolve the parties' marriage. See Latta v. Latta, 654 So.2d 1043, 1044 (Fla. 1st DCA 1995); see also Hurlock v. Hurlock, 703 So.2d 535, 536 (Fla. 4th DCA 1997). Thus, the court correctly denied the husband's motion to dismiss the Accordingly, we reverse the portion of the trial court's......
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...child support, it was essential for the Florida court to acquire in personam jurisdiction over Mr. Anderson. See Hurlock v. Hurlock, 703 So.2d 535, 536 (Fla. 4th DCA 1997). The petition for dissolution filed by Mrs. Anderson's attorney in 1988 did not allege sufficient material facts to est......
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