Oberpriller v. Dellapa

District Court of Appeal of Florida

Oberpriller v. Dellapa

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

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1990

DocketNo. 89-1052

StatusPublished

Cited by2 cases

This text of 557 So. 2d 130 (Oberpriller v. Dellapa) 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

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

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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.

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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.

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Bluebook (online)

557 So. 2d 130, 1990 Fla. App. LEXIS 742, 1990 WL 11802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oberpriller-v-dellapa-fladistctapp-1990.

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