Isnord v. Isnord

District Court of Appeal of Florida

Isnord v. Isnord

222 So. 3d 602, 2017 WL 3085333, 2017 Fla. App. LEXIS 10447

CourtDistrict Court of Appeal of Florida

DecidedJuly 19, 2017

DocketNo. 4D16-2093

StatusPublished

This text of 222 So. 3d 602 (Isnord v. Isnord) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Isnord v. Isnord, 222 So. 3d 602, 2017 WL 3085333, 2017 Fla. App. LEXIS 10447 (Fla. Ct. App. 2017).

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Opinion

Per Curiam.

We withdraw our prior opinion in this appeal and substitute the following in its place. The trial court dismissed appellant’s petition for modification of a parenting plan because appellant failed to serve the former wife within 120 days, in accordance with Florida Rule of Civil Procedure 1.070(j). Appellant, however, served his former wife by publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v. Zuccarello, 280 So.2d 37, 38-40 (Fla. 3d DCA 1973) (holding that husband’s petition for modification of child support could be maintained against the non-resident wife upon service by publication where the petition was ancillary to and a continuation of a Florida proceeding). Service had been effectuated through publication and was complete before the trial court issued its order requiring service. The court thus erred in dismissing appellant’s complaint for lack of service. We therefore vacate the [603]*603dismissal and order reinstatement of the ease.

Warner, Taylor and Levine, JJ., concur,

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Per Curiam.

We withdraw our prior opinion in this appeal and substitute the following in its place. The trial court dismissed appellant’s petition for modification of a parenting plan because appellant failed to serve the former wife within 120 days, in accordance with Florida Rule of Civil Procedure 1.070(j). Appellant, however, served his former wife by publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v. Zuccarello, 280 So.2d 37, 38-40 (Fla. 3d DCA 1973) (holding that husband’s petition for modification of child support could be maintained against the non-resident wife upon service by publication where the petition was ancillary to and a continuation of a Florida proceeding). Service had been effectuated through publication and was complete before the trial court issued its order requiring service. The court thus erred in dismissing appellant’s complaint for lack of service. We therefore vacate the [603]*603dismissal and order reinstatement of the ease.

Warner, Taylor and Levine, JJ., concur,

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Bluebook (online)

222 So. 3d 602, 2017 WL 3085333, 2017 Fla. App. LEXIS 10447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/isnord-v-isnord-fladistctapp-2017.

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