GREGORY WILLIAMSON, APPELLANT,
v.
LILLIAN WILLIAMSON, APPELLEE

Fla. 3d DCA | 1985-11-05
No. 85-900
Before HENDRY, NESBITT and FERGUSON, JJ.
478 So. 2d 850 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The non-final-order of the trial court is affirmed upon a holding that 1) the trial court clearly had in rem jurisdiction over the marriage to enter a final judgment of dissolution where the wife was properly served by constructive process, Gelkop v. Gelkop, 384 So. 2d 195 (Fla. 3d DCA 1980), section 49.011(4), Florida Statutes (1983) and 2) the notice of action published in this cause was defective in that it failed to describe the property proceeded against as required by section 49.08(4), Florida Statutes (1983), thereby denying appellee procedural due process and depriving the trial court of perfected subject matter jurisdiction. Whigham v. Whigham, 464 So. 2d 674 (Fla. 5th DCA 1985); Stimpson v. Stimpson, 442 So. 2d 1103 (Fla. 3d DCA 1983); Stock v. Stock, 410 So. 2d 659 (Fla. 3d DCA 1982).

Affirmed.


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  • Montano v. Montano, 520 So. 2d 52 (Fla. 3d DCA 1988)
    …ibe the real property as required by section 49.08(4), Florida Statutes (1985), the trial court was without in rem jurisdiction to adjudicate the parties’ rights in the realty. Davis v. Dieujuste, 496 So. 2d 806 (Fla.1986); Williamson v. Williamson, 478 So. 2d 850 (Fla. 3d DCA 1985); Hennig v. Hennig, 162 So. 2d 288 (Fla. 3d DCA), cert. denied, 166 So. 2d 754 (Fla.1964); Webb v. Webb, 156 So. 2d 698 (Fla. 3d DCA 1963). The appellant’s third contention is that because the trial court did not have in personam…

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