AURORA A. VALDESPINO, INDIVIDUALLY AND AS A TRUSTEE UNDER THE TRUST OF ISABEL PEDRAZA; ISABEL M. RIOS, INDIVIDUALLY AND AS A TRUSTEE UNDER THE TRUST OF ISABEL PEDRAZA; JOSEFINA ECHEVERRIA; ANGELA TORRES PEDRAZA; AND THE ESTATE OF ISABEL PEDRAZA, DECEASED, APPELLANTS,
v.
JOSE PEDRAZA, APPELLEE
Explore caselaw by topic → Browse Special Equity cases and more on FLexlaw
PER CURIAM.
Finding that when Jose Pedraza joined as defendants certain of the appellants in his 1980 dissolution action against Isabel Pedraza, his wife, he did so expressly to perfect his equitable distribution and special equity claims against his wife, we conclude that the dissolution action was properly dismissed not only as to Isabel upon her death, see Jaris v. Tucker, 414 So. 2d 1164 (Fla. 3d DCA 1982), but also, because the action against the joined appellants was so interrelated with the dissolution proceeding, as to the joined appellants. Thus, the dismissal of that action did not preclude Jose Pedraza from bringing an independent action against the appellants, and his institution of such an independent action did not properly subject him to a counterclaim for malicious prosecution and abuse of process. Accordingly, the trial court’s dismissal of the counterclaim is
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Malave v. Marybell Malave, 178 So. 3d 51 (Fla. 5th DCA 2015)…90 Fla. 824, 107 So. 257, 259 (1925))).. In other words, the ancillary petition was.not part of the main action; it was an independent civil action. See Gacia-Roque v. Roque-Velasco, 855 So. 2d 668, 668-69 (Fla. 3d DCA 2003); Valdespino v. Pedraza, 510 So. 2d 978, 978 (Fla. 3d DCA 1987) (finding that the third-party claims must be brought in an independent action after the death of a spouse when no judgment dissolving the marriage was entered). Indeed, we- have previously held that “frauds On - the 'court ..…
Authorities Cited
- Cunningham v. Naples Cmty. Hosp., Inc., 414 So. 2d 1164 (Fla. 3d DCA 1982)