Ward v. Ward, 78-193

• Court: Florida District Court of Appeals
• Writing for the Court: Before HAVERFIELD, C. J., BARKDULL; BARKDULL
• Citation: Ward v. Ward, 364 So.2d 815 (Fla. App. 1978)
• Decision Date: 14 November 1978
• Docket Number: No. 78-193,78-193
• Parties: Espy E. WARD, Appellant, v. Kathryn Elliott WARD, Appellee.

Page 815

364 So.2d 815

Espy E. WARD, Appellant, v. Kathryn Elliott WARD, Appellee.

No. 78-193.

District Court of Appeal of Florida, Third District.

Nov. 14, 1978.

Rehearing Denied Dec. 22, 1978.

Martin D. Kahn, North Miami, and Ronald E. Dobelstein, Miami, for appellant.

Harold M. Braxton, Miami, for appellee.

Before HAVERFIELD, C. J., BARKDULL, J., and CHARLES CARROLL (Ret.), Associate Judge.

BARKDULL, Judge.

By this appeal, appellant questions a final judgment entered in a dissolution of marriage proceeding. The matter was duly set for final hearing by an order of the court, which read in part as follows:

"All attorneys are directed to appear before the undersigned Judge, at the Dade County Courthouse, for the Call of the Calendar, 9:30 o'clock, A.M., Monday, November 7, 1977. Failure to appear may result in a dismissal of the Plaintiff(s)' claim or the striking of the pleadings of the Defendant(s) and entry of a Default."

At the time set for hearing, counsel for the husband had a conflict but, because the husband desired for the matter to proceed, no motion for continuance was filed and neither the husband nor his counsel made an appearance at the final hearing.

After receiving the plaintiff's evidence and reviewing the file, the trial judge entered an extensive final judgment of dissolution of the marriage and obligated the husband to pay the following: (1) $125.00 per week permanent periodic alimony; (2) cost of repairs to wife's 1966 Dodge in the amount of $119.00; (3) all past doctor and hospital bills incurred by the wife, which are not or will not be covered by hospitalization insurance; (4) all remaining balances on accounts with Sears and Bank Americard; and (5) wife's attorney's fees and costs in the total amount of $1,192.20. He also awarded the wife, as lump sum alimony, the husband's interest in the marital home which was titled in an estate by the entireties. This appeal ensued, the appellant now contending that the trial judge should not have gone forward with the final hearing and that the trial judge erred in the amount of periodic alimony awarded of $125.00 per week When the wife only sought $100.00 per week by her pleadings, and that the court erred in the award of the husband's interest in the marital home as lump sum alimony.

We find no merit in the alleged error in the trial court proceeding with the final hearing. It was properly noticed; there was a clear order instructing all counsel to be prepared for the final hearing, and the rules provide a proper method by motion for continuance if a party is unable to attend. See: Putnam v. Putnam, 57 Fla. 503, 48 So. 629 (1909); 7 Fla.Jur., Continuances § 33; Florida Rules Civil Procedure 1.100 and 1.460. It is admitted that no motion for...