John v. John
| Decision Date | 10 June 1965 |
| Citation | 16 N.Y.2d 675,261 N.Y.S.2d 299 |
| Parties | , 209 N.E.2d 289 Elizabeth Bowman JOHN, Appellant, v. William Edgar JOHN, Jr., Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 22 A.D.2d 804, 254 N.Y.S.2d 828.
Action for judicial separation.
From an order of the Supreme Court, Westchester County, made April 28, 1964 upon reargument, John P. Donohoe, J., which (1) denied her motion for temporary alimony and counsel fees, and (2) granted the defendant husband's cross motion to dismiss the complaint on grounds (a) that the parties are no longer husband and wife by reason of a Florida decree of divorce which the wife and obtained against her husband on his default after constructive service of process upon him, and (b) that such decree was unaffected by subsequent Florida decree, made under wife's application to the Florida court without notice of husband, vacating the divorce decree and declaring it to be null and void, the plaintiff wife, a resident of the state of Florida, appealed.
The Appellate Division affirmed the order and the wife appealed.
Order reversed, with costs in all courts, upon the dissenting opinion at the Appellate Division, and the matter remitted to Special Term for determination on the merits of plaintiff's motion for temporary alimony and counsel fees.
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...notice of subsequent steps, so long as they were within the framework of the bill of review served upon him, John v. John, 16 N.Y.2d 675, 261 N.Y.S.2d 299, 209 N.E.2d 289, rev'd on the dissenting opinion below, 22 A.D.2d 804, 254 N.Y.S.2d 828, remittitur amended 16 N.Y.2d 825, 263 N.Y.S.2d ......
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