HERBERT COLTUN, APPELLANT,
v.
SHIRLEY COLTUN, APPELLEE
HERBERT COLTUN, APPELLANT,
SHIRLEY COLTUN, APPELLEE
167 So. 2d 336
Florida District Court of Appeal, Third District (1964)
Negative Treatment
Cited by 15 cases
Opinion of the Court
By this appeal, the appellant [second husband of the appellee] attempts to attack a prior divorce decree between the ap-pellee and another, which is not void on its face.1 The chancellor in the trial court dismissed the complaint, and we affirm. A second husband has no standing to contest his wife’s previous decree of divorce. See: Hicks v. Hicks, 186 Ga. 362, 197 S.E. 878; Martocello v. Martocello, 197 Ga. 629, 30 S.E.2d 108; Kirby v. Kent, 172 Miss. 457, 160 So. 569, 99 A.L.R. 1303; Ruger v. Heckel (1881), 85 N.Y. 483; Suiter v. Suiter, 74 Ohio App. 44, 57 N.E.2d 616.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re Est. of Seymour J. Kant v. Kant, 272 So. 2d 153 (Fla. 1972)…has a right to question the validity of his marriage to petitioner”, citing Rawlins v. Rawlins, supra. The cases of deMarigny v. deMarigny, Fla.1949, 43 So. 2d 442, Gaylord v. Gaylord, Fla.1950, 45 So. 2d 507 and Coltun v. Coltun, Fla.App., 1964, 167 So. 2d 336, cited by petitioner herein do not support her contention that the children of a deceased party as strangers to a divorce proceeding in which the putative widow was a party have no standing to attack the judgment rendered in such proceeding. This is…
-
In re Est. of Seymour J. Kant v. Kant, 265 So. 2d 524 (Fla. 3d DCA 1972)…which could have been affected by the divorce, has no standing to impeach the decree. Gaylord v. Gaylord, Fla.1950, 45 So. 2d 507; deMarigny v. deMarigny, Fla.1949, 43 So. 2d 442. See also the opinion of this court in Coltun v. Coltun, Fla.App.1964, 167 So. 2d 336, which held that a second husband has no standing to contest his wife’s previous decree of divorce from a prior husband which was not void on its face. The appellee urges that the exact point presented has been determined in a holding by the Suprem…
-
Zimring-McKENZIE Constr. Co., Inc. v. City OF Pinellas Park, 237 So. 2d 576 (Fla. 2d DCA 1970)…ms, and it has already received compensation. Appellant contends that the water and sewer systems are personal property, and that it did not intend to dedicate them along with the street rights-of-way. Appellant relies on Mobilife Corp. v. Klemmer, 167 So. 2d 336 (Fla.App.1964), and cases from other jurisdictions, e. g., Wichita Finance and Thrift Co. v. City of Lawton, 131 F.Supp. 788 (W.D.Okla. 1955), aff’d 240 F. 2d 600 (10th Cir. 1957). See also Selected Invest. Corp. v. City of Lawton, 304 P. 2d 967 (Ok…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Demarigny v. Demarigny, 43 So. 2d 442 (Fla. 1949)