LOUIS H. ADAMS, APPELLANT,
v.
LEXINE L. ADAMS, APPELLEE
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This case reviews a divorce judgment where service was obtained by publication. The court modified the judgment, striking provisions for alimony and child support because the court lacked personal jurisdiction over the defendant.
No, the trial court erred in ordering the defendant to pay alimony and child support because it lacked the necessary personal jurisdiction over the defendant, which cannot be obtained solely through service by publication for monetary judgments.
“It appears from the record and briefs that neither jurisdiction in personam nor in rem was obtained, and therefore insofar as the final judgment provided for money judgments against the defendant for alimony and support of child payments, the same is in error and contrary to the decisions of our Courts as laid down by the Supreme Court of Florida in Pawley v. Pawley, 46 So. 2d 464, 28 A.L.R.2d 1358 (1950) and by the Third District Court of Appeal of Florida in Voss v. Voss, 169 So. 2d 351 (1964).”
This quote establishes the core factual and legal basis for the court's decision, highlighting the lack of jurisdiction and its consequence on the monetary judgment.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Louis H. Adams, was served by publication in a divorce action. The resulting final judgment ordered him to pay monthly alimony and chil…
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This is an appeal from a final judgment in a divorce action in which service of process was had by publication. The judgment contained, inter alia, a provision ordering the defendant in said action, appellant herein, to pay the plaintiff monthly alimony, as well as support for their minor child.
It appears from the record and briefs that neither jurisdiction in personam nor in rem was obtained, and therefore insofar as the final judgment provided for money judgments against the defendant for alimony and support of child payments, the same is in error and contrary to the decisions of our Courts as laid down by the Supreme Court of Florida in Pawley v. Pawley, 46 So.2d 464, 28 A.L.R.2d 1358 (1950) and by the Third District Court of Appeal of Florida in Voss v. Voss, 169 So.2d 351 (1964).
The final judgment is therefore modified by deleting therefrom the provisions thereof ordering the payments of alimony and support money, and said decree reversed as to such extent.
WIGGINTON, C. J., and SPECTOR, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Montano v. Montano, 520 So. 2d 52 (Fla. 3d DCA 1988)…equired before a court may issue a decree ordering payment of alimony, child support, and costs. Id. See also Peacock v. Peacock, 160 Fla. 630, 36 So. 2d 206 (Fla.1948) (alimony cannot be awarded when process is by publication only); Adams v. Adams, 218 So. 2d 777 (Fla. 1st DCA 1969); Foss v. Voss, 169 So. 2d 351 (Fla. 3d DCA 1964). On the final issue, there are no valid grounds for disqualifying the trial judge. See Fischer v. Knuck, 497 So. 2d 240 (Fla.1986) (petitioner’s motion and affidavit for disqualif…
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Carnes v. Carnes, 256 So. 2d 550 (Fla. 4th DCA 1972)…inal judgment of divorce granting plaintiff permanent custody and control of the minor child of the parties and awarding her weekly child support. The error in the judgment below is clearly reflected in the decision in Adams v. Adams, Fla.App.1969, 218 So. 2d 777, at 778: “It appears from the record and briefs that neither jurisdiction in personam nor in rem was obtainedj and therefore insofar as the final judgment provided for money judgments against the defendant for alimony and support of child payments,…
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Cook v. Cook, 524 So. 2d 1100 (Fla. 1st DCA 1988)…ly serves process by publication; however, the court does not thereby obtain personal jurisdiction over the out-of-state spouse with regard to issues of child custody and support. Carnes v. Carnes, 256 So. 2d 550 (Fla. 4th DCA 1972); Adams v. Adams, 218 So. 2d 777 (Fla. 1st DCA 1969). The lower court did not err in denying the motion to dismiss the action as a whole, but did err in denying the motion as to child custody and support. We further find that the lower court did not abuse its discretion in refusi…
Authorities Cited
- Pawley v. Pawley, 46 So.2d 464 (Fla. 1950)
- Voss v. Voss, 169 So. 2d 351 (Fla. 3d DCA 1964)