INEZ STENGEL GAY, APPELLANT,
v.
DANIEL NEAL HELLER, APPELLEE
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In this appeal, the court considers whether a lower court properly dismissed a complaint challenging two prior orders—a contempt judgment and a money judgment—as void for lack of service of process and jurisdiction. The court reverses and remands because the Florida Supreme Court's decision in Gay v. McCaughan had already resolved the validity issues raised on appeal.
The court reversed the dismissal and remanded the case. The court held that the validity of the contempt order had been rendered moot by the Florida Supreme Court's prior decision in Gay v. McCaughan, which had already passed directly on that same order. Similarly, the validity of the money judgment was controlled by the McCaughan precedent, and the distinction between attorney's fees and curator fees did not warrant application of a different rule.
“Upon motion, the chancellor dismissed the complaint upon the ground that it failed to state a claim upon which relief could be granted.”
Establishes the basis for the lower court's dismissal that is being appealed.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed a complaint in chancery attacking the validity of an order of contempt and a money judgment entered against her. She alleged that …
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A complaint in chancery by the appellant attacked the validity of orders entered against her in other proceedings upon the allegation that such orders were void. Upon motion, the chancellor dismissed the complaint upon the ground that it failed to state a claim upon which relief could be granted. This appeal is from the order of dismissal.
The orders attacked by the complaint were two in number, namely, an order or judgment of contempt, and a money judgment entered in favor of the appellee and against the appellant and others. The appellant asserted that the judgments were void for the reason that they were obtained without any service of process upon her or notice whatsoever, and at a time when she was without the jurisdiction of the court; that no appearance had been made nor had there been a waiver of service of process.
In Gay v. McCaughan, Fla.1958, 105 So.2d 771, the Supreme Court of Florida had before it for review an order dismissing a complaint in chancery similar to the complaint in the case at bar. The Supreme Court in that case reversed the order of dismissal and in so doing passed directly upon the same order or judgment of contempt as is involved here. It therefore follows that the questions raised on this appeal as to the validity of the order or judgment of contempt have been rendered moot.
The validity of the money judgment rendered in favor of the appellee, we feel, is likewise controlled by the pronouncements in the McCaughan case. It is *611true the money judgment in the McCaughan case was awarded for attorney’s fees whereas the award in this case was to the court-appointed curator for his services as an officer of the court. This distinction does not, however, create such a difference as to warrant the application of a different rule. In fairness to the chancellor who entered the order appealed, we note that the opinion in Gay v. McCaughan, supra, was rendered subsequent to the entry of his order.
Accordingly, the order appealed is reversed and the cause remanded for proceedings not inconsistent with the opinion of the Supreme Court of Florida in Gay v. Mc-Caughan, supra.
Reversed and remanded.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.