RUDOLPH ALVIN SENG, JR., APPELLANT,
v.
LINDA L. SENG, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this dissolution of marriage case, the former husband appealed the trial court's denial of his motions for contempt and arrearage, arguing the dissolution court had jurisdiction to enforce the former wife's guarantee of a corporate promissory note for $3,000 weekly payments. The Fifth District Court of Appeal reversed, holding that dissolution courts retain jurisdiction to enforce dissolution judgments, including enforcement of a spouse's guarantee of a promissory note incorporated into the settlement agreement.
Yes. A dissolution court retains jurisdiction to enforce dissolution judgments, including the enforcement of a spouse's guarantee of a promissory note that was provided for in the dissolution decree, regardless of whether there is a specific reservation of such power. While contempt is not an appropriate enforcement mechanism for property awards under Veiga, other remedies such as judgment for arrearages are available.
[1] A dissolution court retains jurisdiction to enforce its judgments, even without a specific reservation of power.
[2] A dissolution court has jurisdiction to enforce payment obligations arising from a settlement agreement incorporated into the dissolution judgment, even when one party is…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Florida courts retain jurisdiction in dissolution cases to enforce dissolution judgments whether or not there is a specific reservation of such power.”
Establishes the core holding that dissolution courts have inherent jurisdiction to enforce dissolution judgments
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties settled their divorce by agreement whereby the former husband transferred his interest in a family restaurant business to the former wife …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Guarantor Liability cases and more on FLexlaw
W. SHARP, Judge.
Appellee moves for rehearing in this cause. Because this court’s prior opinion made some inexact fact statements which may impact the cause on remand, we amend it as follows.
Rudolph Seng, the former husband, appeals from a final order which denied his various motions (for contempt, arrearage, sequestration, and others) which had been filed with the dissolution court on the basis that the court lacked jurisdiction to enforce the former wife’s obligation to pay a promissory note which she had guaranteed pursuant to the settlement agreement. The court in this case included in its judgment a general reservation of powers to enforce the judgment.1 The trial court emphasized that the dissolution judgment and settlement incorporated in it, only required that the former wife, Linda Seng, guarantee the payment of a corporate promissory note, and not to make the $3,000 per week payments, which the corporation was to make to the former husband. We reverse. The parties entered into a settlement agreement in this case. Counsel for the husband argued below that it was entered into at a time when the former husband was ill and not expected to live long. He agreed to transfer all of his interest in a family business (a restaurant) to his former wife. Pursuant to the terms of the settlement agreement, she agreed to pay him $200,000. In the following paragraph of the settlement agreement, she agreed the corporation (to be solely owned by her) would pay him $3,000 per week for his lifetime, and that she would personally guarantee the promissory note executed by the corporation to evidence this obligation. In an additional paragraph, the settlement provided that so long as the former husband received the $3,000 weekly payment, he would not “compete” in the restaurant business.
In defense of this proceeding, the former wife challenged the validity of the promissory note (fraud and concealment) and the legality of the non-compete agreement. The former husband has not challenged its validity. The former wife questioned the jurisdiction of the dissolution court to enforce the former wife’s $3,000 weekly payment obligation as guarantor of the corporation.
Both parties recognize the general principle that proceedings to enforce dissolution judgments cannot be used to modify property rights not adjudicated by the dissolution decree, where such reservation of power was not specifically reserved. See Brandt v. Brandt, 525 So. 2d 1017 (Fla. 4th DCA 1988). However, the issue in this case is whether the dissolution court has jurisdiction to enforce payment of the promissory note by the spouse-guarantor, which was provided for in the dissolution decree. Florida courts retain jurisdiction in dissolution cases to enforce dissolution judgments whether or not there is a specific reservation of such power. See Diette v. Diette, 471 So. 2d 1372 (Fla. 5th DCA 1985).
Appellee argues that Veiga v. State, 561 So. 2d 1335 (Fla. 5th DCA 1990) prohibits the dissolution court from enforcing a property award, which was part of a dissolution decree. We disagree. Veiga held that contempt proceedings were inappropriate to enforce an award of property to a spouse by way of equitable distribution. This case involves a kind of property settlement award rather than a support award. We agree that contempt is not an appropriate enforcement mechanism. But, there are other remedies available to the former husband (e.g., judgment for arrearages under the promissory note), which he is seeking to pursue in this proceeding.
In our view, the former husband is merely attempting to enforce the provisions of the dissolution judgment, under which he was to be paid $3,000 per week by the corporation, and failing that, by the former wife as guarantor. The fact that the former wife is a guarantor rather than the obligor maker of the corporate note provides no logical basis to refuse enforcement jurisdiction. Only the dissolution court can consider all of the factors relating to its validity and the range of results and implications if it is held to be unenforceable.
REVERSED and REMANDED.
GOSHORN, C.J., and DIAMANTIS, J., concur. . The specific language of the reservation is: This Court retains jurisdiction of this cause to grant such other relief as may be necessary to enforce this judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Work v. Provine, 632 So. 2d 1119 (Fla. 1st DCA 1994)…al judgment. Brandt v. Brandt, 525 So. 2d 1017 (Fla. 4th DCA 1988). However, a lower court retains jurisdiction for the purpose of enforcing the final judgment of dissolution regardless of whether a specific reservation has been made. Seng v. Seng, 590 So. 2d 1120 (Fla. 5th DCA 1991). Although the former wife styled her petition as a petition for modification, it is obvious that the former wife intended, with respect to paragraphs 9 and 11, an enforcement of these provisions. It is clear that the former wife…
-
Abernethy v. Fishkin, 638 So. 2d 160 (Fla. 5th DCA 1994)…for the court's resolution. We further reject the husband's contention that the trial court lacked subject matter jurisdiction to grant the wife's motion for enforcement. See Work v. Provine, 632 So. 2d 1119, 1121 (Fla. 1st DCA 1994); Seng v. Seng, 590 So. 2d 1120, 1121 (Fla. 5th DCA 1991). See also Clauson v. Clau-son, 831 P. 2d 1257, 1261 (Alaska 1992). The trial court's order enforced the final judgment’s provisions prohibiting the husband from pursu [*162] ing any course of action which would defeat the w…
-
Montanez v. Montanez, 697 So. 2d 184 (Fla. 2d DCA 1997)…nforce former husband’s obligation to pay third party debt, she had a remedy at law); accord Bishop v. Bishop, 667 So. 2d 246 (Fla. 1st DCA 1995). Nor does it mean that the trial court is powerless to act in enforcing its judgment. See Seng v. Seng, 590 So. 2d 1120 (Fla. 5th DCA 1991) (although contempt was not an appropriate enforcement mechanism, trial court could use other remedies such as judgment for arrear-ages to enforce former wife’s guarantee to pay former husband under a promissory note executed by a…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brandt v. Brandt, 525 So. 2d 1017 (Fla. 4th DCA 1988)
- Veiga v. State, 561 So. 2d 1335 (Fla. 5th DCA 1990)
- Diette v. Diette, 471 So. 2d 1372 (Fla. 5th DCA 1985)