WHEATLAND HILLS CORP., A DELAWARE CORPORATION, APPELLANT,
v.
MARGARET F. MORTON, APPELLEE

Fla. 3d DCA | 1967-05-09
No. 66-498
Before HENDRY, C J., and CHARLES CARROLL and SWANN, JJ.
199 So. 2d 122 Florida District Court of Appeal, Third District (1967) Positive Treatment
Cited by 4 cases

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Synopsis

This case concerns whether a Florida circuit court has the power to place an equitable lien on property located in Dade County, belonging to a non-resident, to satisfy alimony and child support claims in a divorce suit. The court affirmed the lower court's decree, finding it had the necessary power.


Holding

Yes, the Circuit Court for Sarasota County had the power to place an equitable lien upon the property located in Dade County belonging to the non-resident to satisfy the claims for alimony and child support.


Key Quotes

“The Circuit Court for Sarasota County had the power to place an equitable lien upon property located in Dade County which property belonged to a non-resident and was specifically described in publication of notice as property being proceeded against in a divorce suit in order to be subjected to the satisfaction of the claim for alimony and child support.”

This quote establishes the court's holding regarding the circuit court's power to place an equitable lien on the property.

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Facts & Procedural History

A non-resident owned property in Dade County, Florida. This property was specifically described in a publication of notice as being proceeded against …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The Circuit Court for Sarasota County had the power to place an equitable lien upon property located in Dade County which property belonged to a non-resident and was specifically described in publication of notice as property being proceeded against in a divorce suit in order to be subjected to the satisfaction of the claim for alimony and child support. Having been shown no reversible error, the decree appealed is affirmed. State of Florida v. Jacksonville, P. & M. R. R. Co., 16 Fla. 708, 722 (1878); Klausner v. Ader, Fla. App.1963, 156 So.2d 193; Webb v. Webb, Fla.App.1963, 156 So.2d 698; Wesner v. O’Brien, 56 Kan. 724, 44 P. 1090, 32 L.R.A. 289 (1896); Benner v. Benner, 63 Ohio St. 220, 58 N.E. 569 (1900); Reed v. Reed, 121 Ohio St. 188, 167 N.E. 684, 64 A.L.R. 1384. See Wagner v. Wagner, 110 U.S. App.D.C. 345, 293 F.2d 533, 538 note 5 (1961); Annotations 10 A.L.R.3d 212.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Wheatland Hills Corp. v. Morton, 204 So. 2d 332 (Fla. 1967)
    …Certiorari denied without opinion. 199 So. 2d 122.…
  • Troiano v. Troiano, 549 So. 2d 1053 (Fla. 5th DCA 1989)
    …90, 122 So. 516 (Fla.1929). She points out that an action for rescission of a contract for the sale of land has been held to be transitory rather than local. Royal v. Parado, 462 So. 2d 849 (Fla. 1st DCA 1985); Wheatland Hills Corporation v. Morton, 199 So. 2d 122 (Fla. 3d DCA), cert. denied, 204 So. 2d 332 (Fla.1967) and 390 U.S. 980, 88 S.Ct. 1099, 19 L.Ed.2d 1276 (1968). Francolino also cites to language in Lake-land: “From a very early period, courts of equity having jurisdiction of the person of the part…
  • Wheatland Hills Corp. v. Morton, 212 So. 2d 685 (Fla. 3d DCA 1968)
    …PER CURIAM. Appeal dismissed. See also 199 So. 2d 122.…

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