Wood v. Wood, s. 72--780
| Decision Date | 01 May 1973 |
| Docket Number | Nos. 72--780,72--781,s. 72--780 |
| Citation | 276 So.2d 527 |
| Parties | John M. WOOD, Appellant, v. Joan WOOD, Appellee. |
| Court | Florida District Court of Appeals |
Paul D. Burch, Vero Beach, for appellant.
Koeppel, Stark, Marks & Newark and Basil E. Dalack, Miami, for appellee.
Before BARKDULL, C.J., and PEARSON and CHARLES CARROLL, JJ.
The defendant-husband has appealed an order which reaffirmed a prior judgment dissolving the marriage of the parties and made orders regarding the financial liability of the appellant. In addition, he has appealed a post-judgment order which required payment by him of the fees of two court-appointed guardians ad litem for his children. The appeals have been consolidated for all appellate purposes.
We do not reach the merits of the orders involved because the court simply did not acquire 'in personam' jurisdiction over the non-resident defendant. We are in agreement with the purpose of the trial judge's orders. He sought to require a husband who had left his family to more fully support the family. The appellant is employed at a good salary but is not a resident of this jurisdiction. Perhaps better legal machinery is needed. But until such machinery is provided, we are bound to follow the established law and procedure.
The appellee-wife filed a complaint for dissolution of her marriage. Appellant was served by publication and the court acquired 'in rem' jurisdiction over a parcel of jointly-held real property in Dade County, Florida. The husband filed no pleadings and a final judgment of dissolution of marriage was entered. The final judgment (1) dissolved the marriage, (2) awarded the custody of the minor children to their mother, (3) restrained the appellant from harassing the appellee, (4) declared that the jointly-held residence property was henceforth held by the parties as tenants in common, (5) granted to the appellee the right to occupy the residence, (6) set the amount of child support at $400 per month, (7) set the amount of alimony payable at $400 per month, (8) adjudged that the wife was entitled to lump sum alimony in the amount of $8000, and declared a lien upon the appellant's one-half interest in the residence property in order to insure the payment of the lump sum alimony, (9) ordered the appellant to convey his interest in a Chevrolet automobile to the appellee, and (10) ordered the appellant to pay attorney's fees and costs.
In the absence of personal service or jurisdiction over a defendant, a court having jurisdiction of the plaintiff and the subject matter may dissolve a marriage and set appropriate amounts for child support and alimony. See Burkhart v. Circuit Court of Eleventh Judicial Circuit, 146 Fla. 457, 1 So.2d 872 (1941). If the court acquires jurisdiction over property subject to its order it may make that property subject to the financial relief afforded the plaintiff-wife. See Newton v. Bryan, 142 Fla. 14, 194 So. 282 (1940). The court cannot in the absence of personal service or after-acquired personal...
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