TOMMIE SIKES, APPELLANT,
v.
KATHERINE SIKES, APPELLEE

Fla. 3d DCA | 1970-12-29
No. 70-237
Before PEARSON, C. J., and HENDRY and SWANN, JJ.
242 So. 2d 494 Florida District Court of Appeal, Third District (1970) Caution
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant-defendant husband appeals final orders in a post-judgment proceeding in a divorce action. He contends that the court lacked jurisdiction for want of personal service of the rule to show cause which preceded an order finding him in indirect contempt for non-payment of child support and an order for his commitment.

We affirm the holding of the court below, after an examination of the record and contentions of the parties. The record reveals, and we so hold, that the husband, by offering evidence on the merits submitted himself to the jurisdiction of the court. See: Lawrence v. Lawrence, Fla.App.1961, 130 So.2d 639.

Affirmed.

PEARSON, C. J., dissents.


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  • State v. Webb, 335 So. 2d 826 (Fla. 1976)
    …ch have influenced our decision. Firstly, it has been well established that there is no constitutional right to a trial by jury for a violation of a municipal ordinance. State v. Hendricks, 309 So. 2d 232 (Fla.App.4th 1975); Fort Lauderdale v. Byrd, 242 So. 2d 494 (Fla.App.4th 1970). This is true of cases involving violations of municipal traffic ordinances, including those governing driving while intoxicated. Boyd v. Dade County, 123 So. 2d 323 (Fla.1960). Finally, we are influenced by the fact that, even i…
  • Cnty. OF Dade v. Eleanora A. G. Callahan, 259 So. 2d 504 (Fla. 3d DCA 1971)
    …n alcoholic beverage was a “petty offense” and that the defendant was not constitutionally entitled to a jury trial on such a charge. Judge Reed, speaking for the court, applied the same reasoning in City of Fort Lauderdale v. Byrd, Fla. App. 1970, 242 So. 2d 494, insofar as a right to a jury trial on “petty offenses”. See also Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968). The rule generally is that evidence as to one’s physical condition does not violate the constitutional provis…
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