WILLIAM J. OBERPRILLER, APPELLANT,
v.
FRED M. DELLAPA, APPELLEE
WILLIAM J. OBERPRILLER, APPELLANT,
FRED M. DELLAPA, APPELLEE
557 So. 2d 130
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court ruling. We note that the appellant asserts he did not receive notice of the final hearing in a matrimonial action until long after the hearing had been held. Assuming these facts are established to the satisfaction of the trial court which heard the matrimonial action, by affidavit or testimony, the appellant would be entitled to relief from judgment in the dissolution proceeding. See, e.g., Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 489 So. 2d 758 (Fla. 3d DCA 1986); Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 467 So. 2d 746 (Fla. 3d DCA 1985). Our affirmance is without prejudice to the appellant’s ability to seek relief from judgment in the matrimonial action.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Paul v. Paul, 807 So. 2d 191 (Fla. 3d DCA 2002)…he trial judge to direct his or her own judicial assistant to do so. Where, as here, there is a no-show at the calendar call, notice of the trial date must be given. See Watson v. Watson, 583 So. 2d 410 (Fla. 4th DCA 1991); Oberpriller v. Dellapa, 557 So. 2d 130 (Fla. 3d DCA 1990); Shields v. Flinn, 528 So. 2d 967 (Fla. 3d DCA 1988). Whether the notice should be by telephone, fax, mail, or some combination depends on the circumstances. I cannot accept the position of the Fourth District in Watson v. Watso…
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Martin v. Martin, 629 So. 2d 315 (Fla. 1st DCA 1993)…rt to hold further proceedings as to whether the appellant received notice of the hearing. Based upon this determination, the trial court may reenter the appealed-from judgment or grant a new final hearing of dissolution. See Oberpriller v. Dellapa, 557 So. 2d 130 (Fla. 3d DCA 1990). ERVIN and JOANOS, JJ., concur. . Although there is a Statement of Evidence attached to the appellee’s brief which indicates that the wife testified that the husband was aware that the final hearing was taking place, and that a…
Authorities Cited
- Falkner v. Amerifirst Fed. Sav. & Loan Ass'n, 489 So. 2d 758 (Fla. 3d DCA 1986)
- Falkner v. Amerifirst Fed. Sav. & Loan Ass'n, 467 So. 2d 746 (Fla. 3d DCA 1985)