Storer v. Storer, 74--740
| Decision Date | 17 December 1974 |
| Docket Number | No. 74--740,74--740 |
| Citation | 305 So.2d 212 |
| Parties | George B. STORER, Appellant, v. Dorothy M. STORER, Appellee. |
| Court | Florida District Court of Appeals |
Patton, Kanner, Nadeau, Segal, Stobs & Zeller, Miami, for appellant.
Kelly, Black, Black & Kenny and William G. Earle, Miami, for appellee.
Before PEARSON and NATHAN, JJ., and GREEN, ROBERT A., Jr., Associate judge.
This interlocutory appeal is from an order of the circuit court denying the husband's motion to quash.
The motion was grounded upon lack of jurisdiction of the subject matter and of the parties and insufficiency of service of process. Attached to the husband's motion to quash was a copy of a final judgment of divorce dated May 30, 1972, entered by a Wyoming state court on a complaint for divorce brought by the husband. The complaint by the wife for dissolution of marriage was filed May 22, 1972, in Dade County, Florida; it was later amended to include a request for other relief, including alimony and adjudication of property rights.
The appellant presents four issues on appeal: (1) Whether the wife was a legal domiciliary of the State of Wyoming when she was served with process in the State of Florida in accordance with the laws of the State of Wyoming so as to render the Wyoming decree conclusive upon the issue of alimony and property rights? (2) Whether the Wyoming judgment of divorce, which not only divorced the parties but also made an award of alimony, is entitled to full faith and credit under the Constitution of the United States? (3) Whether the wife was entitled to collaterally attack the Wyoming decree in Florida? (4) Whether it was error for the court to refuse to dismiss the complaint for dissolution of marriage when it appeared that the wife had not been a Florida resident for six months before filing her complaint for dissolution of marriage?
In answering these questions, we first look to the findings of fact recited by the chancellor in the order denying the motion to quash:
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Gillis v. State
...states have permitted interlocutory appeals of full faith and credit claims under a variety of state procedures. See, e.g., Storer v. Storer, 305 So.2d 212 (Fla.App.), cert. denied, 346 So.2d 994 (Fla.1974), cert. denied, 434 U.S. 955, 98 S.Ct. 482, 54 L.Ed.2d 314 (1977); Cobb v. Willis, 7 ......
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Storer v. Storer
...such jurisdiction under the circumstances of the case sub judice is consonant with the requirements of due process. In Storer v. Storer, 305 So.2d 212 (Fla. 3rd DCA 1975), the District Court held that the non-residence of the defendant precluded any possibility of a valid personal judgment ......
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Matusow v. Matusow, 85-1683
...Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1980); Lahr v. Lahr, 337 So.2d 837 (Fla. 2d DCA 1976); Storer v. Storer, 305 So.2d 212 (Fla. 3d DCA 1974). We fail to find, from the limited record before us, that the trial judge abused his discretion in the entry of the order u......
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Storer v. Storer, 74-1392
...the property rights of the wife. On interlocutory appeal to this court, the order of the trial court was affirmed. See Storer v. Storer, 305 So.2d 212 (Fla. 3d DCA 1974); certiorari denied by Florida Supreme Court, 346 So.2d 994 (Fla.1977); application for stay denied by United States Supre......