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Perez v. Perez

Perez v. Perez, 519 So. 2d 1104 (Fla. Dist. Ct. App. 1988)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
February 9, 1988
Docket
No. 87-1203
Judges
Schwartz, C.J., and Hubbart and Daniel S. Pearson
Citations
519 So. 2d 11041988 WL 8128
Cited by 9 1 descriptions by later courts

Opinion

519 So.2d 1104 (1988)

Rafael PEREZ, Appellant,

v.

Elizabeth PEREZ, Appellee.

No. 87-1203.

District Court of Appeal of Florida, Third District.

February 9, 1988.

Karlan & Gerson and Charlotte Karlan, Miami, for appellant.

Mark Friedman, Miami Beach, for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.

SCHWARTZ, Chief Judge.

The judgment of dissolution entered after hearing following the entry of a default is reversed in its entirety for numerous reasons, of which the most prominent are (a) the failure of the complaint to allege that either party was a resident of Florida for the statutory period deprived the court of jurisdiction over the subject matter of the cause, Beekman v. Beekman, 53 Fla. 858 , 43 So. 923 (1907); Gredler v. Gredler, 36 Fla. 372 , 18 So. 762 (1895); (b) the appellant husband's failure to receive notice of the hearing deprived him of the basic requirements of due process, Buffington v. Torcise, 504 So.2d 490 (Fla. 3d DCA 1987); Heritage Casket & Vault Ind., Inc. v. Sunshine Bank, 428 So.2d 341 (Fla. 1st DCA 1983); see also Cortina v. Cortina, 98 So.2d 334 (Fla. 1957); Barreiro v. Barreiro, 377 So.2d 999 (Fla. 3d DCA 1979); Matthews v. Matthews, 376 So.2d 484 (Fla. 3d DCA 1979); (c) that portion of the judgment granting "custody" of the parties' child was plainly erroneous both because the complaint did not comply with section 61.1308 or 61.132, Florida Statutes (1985), and because the relief granted was not sought in the complaint and therefore could not be awarded in a proceeding by default, Hernandez v. Hernandez, 444 So.2d 35 (Fla. 2d DCA 1983), pet. for review denied, 451 So.2d 848 (Fla. 1984); see also Williams v. Williams, 227 So.2d 746 (Fla. 2d DCA 1983); and (d) the award of the husband's interest in the marital home to the wife was similarly not supported by any such demand in the complaint.

Reversed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 9 cases

View all citing references →
1988: 11991: 11992: 11994: 11995: 11996: 11997: 12005: 12006: 119882026peak 1988 · 1

Relies on it most ⓘ

  1. West v. West534 So. 2d 893 (Fla. Dist. Ct. App. 1988)
  2. Strommen v. Strommen927 So. 2d 176 (Fla. Dist. Ct. App. 2006)
  3. Walt v. Walt574 So. 2d 205 (Fla. Dist. Ct. App. 1991)
  4. In re Interest of LW486 N.W.2d 486 (Neb. 1992)
  5. Orbe v. Orbe651 So. 2d 1295 (Fla. Dist. Ct. App. 1995)
  6. Chaddick v. Monopoli677 So. 2d 347 (Fla. Dist. Ct. App. 1996)

Most recent

  1. Strommen v. Strommen927 So. 2d 176 (Fla. Dist. Ct. App. 2006)
  2. Rogers v. Rogers905 So. 2d 1050 (Fla. Dist. Ct. App. 2005)
  3. Kochinsky v. Moore698 So. 2d 397 (Fla. Dist. Ct. App. 1997)
  4. Chaddick v. Monopoli677 So. 2d 347 (Fla. Dist. Ct. App. 1996)
  5. Orbe v. Orbe651 So. 2d 1295 (Fla. Dist. Ct. App. 1995)
  6. Kilvington v. Kilvington632 So. 2d 701 (Fla. Dist. Ct. App. 1994)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

DepthCaseCited by
Cortina v. Cortina, 98 So. 2d 334 (Fla. 1957) 144
Beekman v. Beekman, 53 Fla. 858 (1907) 37
Barreiro v. Barreiro, 377 So. 2d 999 (Fla. Dist. Ct. App. 1979) 28
Hernandez v. Hernandez, 444 So. 2d 35 (Fla. Dist. Ct. App. 1983) 16
Buffington v. Torcise, 504 So. 2d 490 (Fla. Dist. Ct. App. 1987) 12
Heritage Casket & Vault Ind., Inc. v. Sunshine Bank, 428 So. 2d 341 (Fla. Dist. Ct. App. 1983) 11
Gredler v. Gredler, 36 Fla. 372 (1895) 8
Matthews v. Matthews, 376 So. 2d 484 (Fla. Dist. Ct. App. 1979) 6

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