CAROL HINES, APPELLANT,
v.
MARY JEAN HINES, APPELLEE
PER CURIAM.
The husband appeals from that portion of the trial court’s judgment which grants alimony to the former wife. After a default was entered against the wife, she failed to file any pleadings in the dissolution of marriage action initiated by her husband. A court is not at liberty to award alimony where the benefitting spouse has failed to seek such relief in the pleadings. Massey v. Massey, 478 So. 2d 478 (Fla. 2d DCA 1985); Hernandez v. Hernandez 444 So. 2d 35 (Fla. 3d DCA 1983), review denied, 451 So. 2d 848 (Fla.1984); Cooper v. Cooper, 406 So. 2d 1223 (Fla. 4th DCA 1981). In addition, a default precludes the defaulting party from filing any pleadings in the action other than those requesting relief from the default. Rudner v. Cabrera, 455 So. 2d 1093 (Fla. 5th DCA 1984); Bischoff v. Dixie Auto Parts & Equipment Corp., 346 So. 2d 146 (Fla. 3d DCA 1977). Since the wife made no attempt to have the default vacated, her attempt to inject the issue of alimony into the proceeding at final hearing without the husband’s consent was not authorized. For this reason, that portion of the final judgment of dissolution which awarded alimony must be vacated.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jahnke v. Jahnke, 804 So. 2d 513 (Fla. 3d DCA 2001)…ing proceeding. Id. The part of the final judgment pertaining to financial issues became void when the court set it aside. We agree with the former husband that a court cannot award relief that was not requested in the pleadings. See Hines v. Hines, 494 So. 2d 297 (Fla. 3d DCA 1986); Hernandez v. Hernandez, 444 So. 2d 35 (Fla. 3d DCA 1984); McDonald v. McDonald, 732 So. 2d 505 (Fla. 4th DCA 1999). However, the former wife’s rule 1.540 motion was not a “pleading.” See Fla. R. Civ. P. 1.110. The only relevant p…
-
Kratzer v. Reimiller, 552 So. 2d 1188 (Fla. 5th DCA 1989)…tion for fees and costs does not allege entitlement or ability to pay. Whether this failure to plead for alimony and attorney’s fees was intentional or negligent is of no matter. It is wrong to give what is not properly pleaded. See Hines v. Hines, 494 So. 2d 297 (Fla. 3d DCA 1986); Massey v. Massey, 478 So. 2d 478 (Fla. 2d DCA 1985); Cooper v. Cooper, 406 So. 2d 1223 (Fla. 4th DCA 1981); James v. James, 374 So. 2d 1085 (Fla. 5th DCA 1979). Those portions of the judgment awarding alimony and fees are revers…1 / 2
-
Summer L. Herring, Jr. v. Herring, 666 So. 2d 927 (Fla. 1st DCA 1995)…on contained no request for alimony, and the parties’ stipulation and agreement expressly waived alimony. Alimony cannot be awarded when the issue has not been pled or tried. Vadala v. Vadala, 556 So. 2d 438, 439 (Fla. 4th DCA 1990); Hines v. Hines, 494 So. 2d 297 (Fla. 3d DCA 1986). Disposition of the issue raised in this appeal is controlled by this court’s decision in Speigner v. Speigner, 644 So. 2d 1035 (Fla. 1st DCA 1994). In Speigner, the parties were married in May 1969, divorced in April 1980, and r…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cooper v. Cooper, 406 So. 2d 1223 (Fla. 4th DCA 1981)
- Hernandez v. Hernandez, 444 So. 2d 35 (Fla. 3d DCA 1983)
- Rudner v. Cabrera, 455 So. 2d 1093 (Fla. 5th DCA 1984)
- Huston L. Massey v. Massey, 478 So. 2d 478 (Fla. 2d DCA 1985)
- Bischoff v. Dixie Auto Parts & Equip. Corp., 346 So. 2d 146 (Fla. 3d DCA 1977)
- Balzer v. Indian Lake Maint., Inc., 346 So. 2d 146 (Fla. 2d DCA 1977)