Vaughan v. Vaughan

District Court of Appeal of Florida

Vaughan v. Vaughan

358 So. 2d 52, 1978 Fla. App. LEXIS 15398

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 1978

DocketNo. 77-2429

StatusPublished

This text of 358 So. 2d 52 (Vaughan v. Vaughan) 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.

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Vaughan v. Vaughan, 358 So. 2d 52, 1978 Fla. App. LEXIS 15398 (Fla. Ct. App. 1978).

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Opinion

DAUKSCH, Judge.

This is an appeal from a summary judgment. Because Appellant filed an affidavit raising a factual issue as to whether he was given notice in a foreign proceeding, the court was in error in giving full faith and credit to the foreign judgment by these summary proceedings. Reichert v. Appel, 74 So.2d 674 (Fla.1954); Griffin v. Griffin, 327 U.S. 220, 66 S.Ct. 556, 90 L.Ed. 635 (1946).

Reversed and remanded for further proceedings not inconsistent herewith.

ALDERMAN, C. J., and ANSTEAD, J., concur.

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DAUKSCH, Judge.

This is an appeal from a summary judgment. Because Appellant filed an affidavit raising a factual issue as to whether he was given notice in a foreign proceeding, the court was in error in giving full faith and credit to the foreign judgment by these summary proceedings. Reichert v. Appel, 74 So.2d 674 (Fla.1954); Griffin v. Griffin, 327 U.S. 220, 66 S.Ct. 556, 90 L.Ed. 635 (1946).

Reversed and remanded for further proceedings not inconsistent herewith.

ALDERMAN, C. J., and ANSTEAD, J., concur.

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358 So. 2d 52, 1978 Fla. App. LEXIS 15398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughan-v-vaughan-fladistctapp-1978.

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