HILDA ALMA COUTURE, APPELLANT,
v.
JOHN M. COUTURE, APPELLEE
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PER CURIAM.
This appeal is as a result of domestic litigation. The wife, in her amended complaint, sought to charge a special equity in certain properties of a corporation, which was not a party to the litigation. The trial judge, in his final judgment of dissolution of marriage, adjudicated she had no interest in the corporate property and also that she was not possessed of any corporate stock.
We find that these issues were not properly presented to the trial judge as the corporation was not a party to the litigation and, therefore, we affirm the final judgment except as it relates to Paragraph 7, where the court attempted to adjudicate the wife’s lack of interest in the corporate real and personal property. We strike this paragraph as surplusage. In Paragraph 9, the court purported to adjudicate the wife’s rights as a stockholder in the corporation, and we strike this paragraph from said final judgment because this was not an issue presented to the trial court.
In all other respects, the final judgment of dissolution of marriage is affirmed as modified.
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Feldman v. Zena K. Feldman, 390 So. 2d 1231 (Fla. 3d DCA 1980)…as it did, the husband to transfer to the wife stock owned by him in American Men’s Wear Clothing Company, Inc., was not empowered to order the transfer of the assets of a corporation which was not a party to the litigation, see Couture v. Couture, 307 So. 2d 194 (Fla. 3d DCA 1975). Since the wife’s failure to offer expert testimony on the reasonableness of attorneys’ fees may have resulted from the trial court’s premature award of such fees, we remand this cause with directions that the wife be afforded a…
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Rosenberg v. N. Am. Biologicals, Inc., 413 So. 2d 435 (Fla. 3d DCA 1982)…eeding. Fields v. Fields, 160 Fla. 561, 35 So. 2d 722 (1948); Goldberg v. Goldberg, 309 So. 2d 599 (Fla. 3d DCA 1975). See also Freidus v. Freidus, 89 So. 2d 604 (Fla.1956); Feldman v. Feldman, 390 So. 2d 1231 (Fla. 3d DCA 1981); Couture v. Couture, 307 So. 2d 194 (Fla. 3d DCA 1975) (court not empowered to enter order against corporation not a party to the action). Accordingly, the trial court’s order dismissing the wife’s action against the named corporations is reversed and the cause remanded for further…
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Ashourian v. Mahmoud Ashourian, 483 So. 2d 486 (Fla. 1st DCA 1986)…first accounting to her, and securing her approval. It is true that the trial court has no power to order a transfer of corporate assets without joinder of the corporation. Feldman v. Feldman, 390 So. 2d 1231 (Fla. 3d DCA 1980); Couture v. Couture, 307 So. 2d 194 (Fla. 3d DCA 1975). Nevertheless, even when the corporation is not a party to the dissolution proceeding, the trial court can award the wife a special equity in the husband’s interest in the corporation [*487] by awarding the wife an equitable porti…
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