Oakley v. Oakley

District Court of Appeal of Florida

Oakley v. Oakley

439 So. 2d 1044, 1983 Fla. App. LEXIS 23450

District Court of Appeal of Florida·Decided November 2, 1983·No. No. 82-2629·Published·Cited by 3 cases

Opinion

PER CURIAM.

This is an appeal from that portion of a final judgment of dissolution requiring sale of the marital home and division of the proceeds. We determine that the trial court lacked subject matter jurisdiction to order the sale and reverse.

Sale of property held by tenants by the entireties being pursuant to partition, this relief was not sought by either party’s pleadings in this case. As established by Defreitas v. Defreitas, 398 So.2d 991, 992 (Fla. 4th DCA 1981), a “trial court lacks jurisdiction to hear and determine matters which are not the subject of appropriate pleadings and notice.” In addition to requiring appropriate pleadings, Florida courts have also mandated compliance with the due process steps found in Chapter 64 of the Florida Statutes. E.g., Bonifay v. Bonifay, 383 So.2d 755 (Fla. 4th DCA 1980); Sanders v. Sanders, 351 So.2d 1126 (Fla. 2d DCA 1977). The instant trial court lacked both imperatives, and thus exceeded its jurisdiction.

LETTS, GLICKSTEIN and WALDEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from that portion of a final judgment of dissolution requiring sale of the marital home and division of the proceeds. We determine that the trial court lacked subject matter jurisdiction to order the sale and reverse.

Sale of property held by tenants by the entireties being pursuant to partition, this relief was not sought by either party’s pleadings in this case. As established by Defreitas v. Defreitas, 398 So.2d 991, 992 (Fla. 4th DCA 1981), a “trial court lacks jurisdiction to hear and determine matters which are not the subject of appropriate pleadings and notice.” In addition to requiring appropriate pleadings, Florida courts have also mandated compliance with the due process steps found in Chapter 64 of the Florida Statutes. E.g., Bonifay v. Bonifay, 383 So.2d 755 (Fla. 4th DCA 1980); Sanders v. Sanders, 351 So.2d 1126 (Fla. 2d DCA 1977). The instant trial court lacked both imperatives, and thus exceeded its jurisdiction.

LETTS, GLICKSTEIN and WALDEN, JJ., concur.

Oakley v. Oakley, 439 So. 2d 1044, 1983 Fla. App. LEXIS 23450 (Fla. Ct. App. 1983).

Pincite

439 So. 2d 1044 (Oakley v. Oakley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related