NANCY LALLOUZ, APPELLANT/CROSS-APPELLEE,
v.
CHARLES LALLOUZ, APPELLEE/CROSS-APPELLANT, AND ALICE LALLOUZ, APPELLEE

Fla. 3d DCA | 1997-06-11
No. 96-395
Before FLETCHER, SHEVIN and SORONDO, JJ.
695 So. 2d 466 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 11 cases

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Synopsis

In a dissolution action, the appellate court reversed a judgment against the wife on her claims concerning a townhouse titled in the husband's mother's name, finding the trial court erred in believing it lacked jurisdiction.


Holding

A trial court has jurisdiction to adjudicate equitable claims concerning property, even if that property is located in another county, when the court has in personam jurisdiction over the parties.


Headnotes

[1] A court with in personam jurisdiction over a party has the authority to determine that party's equitable rights, even if those rights incidentally affect title to real pr…

[2] A trial court errs when it fails to adjudicate claims concerning real property based on an incorrect belief that it lacks jurisdiction.

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Facts & Procedural History

During a dissolution of marriage, the wife claimed a townhouse, purchased with marital funds but titled in the husband's mother's name, was marital pr…

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Opinion of the Court
SHEVIN, Judge.

SHEVIN, Judge.

Nancy Lallouz appeals and Charles Lal-louz cross-appeals a final judgment in a dissolution action. We reverse in part, affirm in part, and remand the cause.

The parties raise several grounds for reversal. We find merit only in Nancy’s contention that the trial court erred in failing to adjudicate her claims concerning certain real property located in Broward County owned by Alice Lallouz, Charles’s mother.1 In addition to seeking a determination of property rights between herself and Charles as part of her request for equitable distribution, Nancy filed equitable and legal claims against Alice concerning ownership of the Broward County property.

Following trial, the court entered a final judgment finding that there was a $110,000 townhouse in Hallan-dale purchased with marital funds in 1982. The townhouse was originally titled in Charles Lallouz’s name, then transferred to Charles and Nancy Lallouz, then to Alice Lallouz, his mother.... Charles and Nancy Lallouz paid for the expenses, maintenance and costs of the condo for years. The townhouse was always reflected as an asset belonging to them on their financial statement.... While the court is limited to what it can do with the condominium, since it is located in Bro-ward County and since Mr. Lallouz has no title interest in the property, the Court does find that the transfer of the condo to his mother was an intentional depletion of the marital estate by Mr. Lallouz which the court will take into account in equitable distribution.

Furthermore, in fashioning the equitable distribution scheme, the court found that the townhouse in Hallandale was a marital asset and was not purchased as a gift to [Alice Lallouz], and that the quitclaim from Nancy Lallouz to Alice Lallouz does not reflect the parties’ true intent to receive the property back. The court determines that Mr. Lallouz divested the marriage of the property and that Mrs. Lallouz did not concur, and that he intentionally did so and continues to reap the benefit of the depletion of the estate since he lives/lived in the townhouse with his mother at no cost with his new wife and child during much of the last two years. The current value of the townhouse is $125,000.

Upon Nancy’s motion for clarification, the court found that it did not have jurisdiction over the Broward County property, noted its consideration of the townhouse as part of the equitable distribution scheme and entered judgment in favor of Alice on Nancy’s claims.

The trial court erred in entering judgment against Nancy on her claims against Alice based on its incorrect belief that it lacked jurisdiction. ‘When the property that is the subject matter of the controversy is real and the parties are seeking to act directly on the property or title thereto, jurisdictional authority exists over the property only in the circuit where the land is situated.” Ruth v. Department of Legal Affairs, 684 So. 2d 181, 185 (Fla.1996); Goedmakers v. Goedmakers, 520 So. 2d 575, 579 (Fla.1988).

Thus, the Dade County court did not have in rem jurisdiction over the property and could not enter an order vesting legal title in Nancy. That rule, however, is not determinative of this case, where, as here, Nancy sought equitable relief alleging, inter alia, resulting and constructive trust claims against Alice. The prayer for such equitable relief does not “directly affect the property or its title.” Ruth, 684 So. 2d at 186; General Elec. Capital Corp. v. Advance Petroleum, Inc., 660 So. 2d 1139, 1142-43 (Fla. 3d DCA 1995); Luskin v. Luskin, 616 So. 2d 559, 561 (Fla. 4th DCA), review denied, 626 So. 2d 206 (Fla.1993); Singer v. Tobin, 201 So. 2d 799 (Fla. 3d DCA 1967), cert. denied, 209 So. 2d 672 (Fla.1968). “[C]ourts of equity having jurisdiction of the person of a party have exercised the power to compel him to perform a contract, execute a trust, or undo the effects of a fraud, notwithstanding it may relate to or incidentally affect the title to land in another jurisdiction.” Royal v. Parado, 462 So. 2d 849, 854 (Fla. 1st DCA 1985).

The court’s in personam jurisdiction alone provides the court with the authority to determine the equitable rights of the parties. Ruth, 684 So. 2d at 186; General Elec., 660 So. 2d at 1142.

Therefore, the trial court had jurisdiction to determine those rights and to issue an order as to who among the parties was entitled to the property. See Ruth, 684 So. 2d at 186. In addition, the court had jurisdiction to determine Nancy’s entitlement to money damages from Alice. See Goedmakers, 520 So. 2d at 579, and cited cases. Because the trial court did not realize that it had jurisdiction to adjudicate these claims, we must reverse the equitable distribution scheme and remand the cause for the court to reconsider the scheme in light of our opinion.

Remaining points on appeal and cross-appeal lack merit.

Affirmed in part; reversed in part; and cause remanded.

. The court had in personam jurisdiction over Alice.


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Citator

Cited By

  • Bucacci v. Boutin, 933 So. 2d 580 (Fla. 3d DCA 2006)
    …jurisdictional authority exists over the property only in the circuit where the land is situated.” Ruth v. Dep’t of Legal Affairs, 684 So. 2d 181, 185 (Fla.1996); see also Goedmakers v. Goedmakers, 520 So. 2d 575, 579 (Fla.1988); Lallouz v. Lallouz, 695 So. 2d 466, 467 (Fla. 3d DCA 1997). However, the local action rule does not preclude an ac [*587] tion where the parties seek an equitable remedy not directly affecting title to real property. Ruth, 684 So. 2d at 186. If Bucacci is successful on her equitable…
  • Bauman v. Rayburn, 878 So. 2d 1273 (Fla. 5th DCA 2004)
    …ett v. Sanderson, 715 So. 2d 1050 (Fla. 4th DCA 1998). Under the rule, a court may not exercise in rem jurisdiction over property located outside its geographical territory. Publix Super Markets, Inc., 502 So. 2d at 487. See also Lallouz v. Lallouz, 695 So. 2d 466, 467 (Fla. 3d DCA 1997). Thus, an action directly related to the legal status of real property, such as an action to quiet title or to foreclose a mortgage or lien, must be brought in the circuit wherein the property is located. Id. The rule does no…
  • Brake v. Swan, 733 So. 2d 1051 (Fla. 3d DCA 1999)
    …286 (1937) (“ ‘[Wjhere a court has jurisdiction of the person of defendant it may render any appropriate decree acting directly upon the person, although the subject matter may be without the jurisdiction.’”) (citation omitted); Lallouz v. Lallouz, 695 So. 2d 466, 468 (Fla. 3d DCA 1997) (same). The remedy of sale ordered here is appropriate under the circumstances. See Randall v. Randall, 158 Fla. 502, 508, 29 So. 2d 238, 241-42 (Fla.1947) (“when equity has taken hold it will adjudicate the whole controversy…

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