Oberpriller v. Dellapa

District Court of Appeal of Florida

Oberpriller v. Dellapa

557 So. 2d 130, 1990 Fla. App. LEXIS 742, 1990 WL 11802

District Court of Appeal of Florida·Decided February 13, 1990·No. No. 89-1052·Published·Cited by 2 cases

Opinion

PER CURIAM.

We affirm the trial court ruling. We note that the appellant asserts he did not receive notice of the final hearing in a matrimonial action until long after the hearing had been held. Assuming these facts are established to the satisfaction of the trial court which heard the matrimonial action, by affidavit or testimony, the appellant would be entitled to relief from judgment in the dissolution proceeding. See, e.g., Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 489 So.2d 758 (Fla. 3d DCA 1986); Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 467 So.2d 746 (Fla. 3d DCA 1985). Our affirmance is without prejudice to the appellant’s ability to seek relief from judgment in the matrimonial action.

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

PER CURIAM.

We affirm the trial court ruling. We note that the appellant asserts he did not receive notice of the final hearing in a matrimonial action until long after the hearing had been held. Assuming these facts are established to the satisfaction of the trial court which heard the matrimonial action, by affidavit or testimony, the appellant would be entitled to relief from judgment in the dissolution proceeding. See, e.g., Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 489 So.2d 758 (Fla. 3d DCA 1986); Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 467 So.2d 746 (Fla. 3d DCA 1985). Our affirmance is without prejudice to the appellant’s ability to seek relief from judgment in the matrimonial action.

Oberpriller v. Dellapa, 557 So. 2d 130, 1990 Fla. App. LEXIS 742, 1990 WL 11802 (Fla. Ct. App. 1990).

Pincite

557 So. 2d 130 (Oberpriller v. Dellapa) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related