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Harvey v. Harvey

Citations: 622 So. 2d 178; 1993 Fla. App. LEXIS 8447; 1993 WL 309058Docket: No. 93-410

Court: District Court of Appeal of Florida; August 13, 1993; Florida; State Appellate Court

Narrative Opinion Summary

The trial court's order denying the husband's motion to dismiss the dissolution petition due to lack of personal jurisdiction has been reversed. Citing precedents such as McCabe v. McCabe, Shammay v. Shammay, and Soule v. Rosasco-Soule, the appellate court found merit in the husband's argument. The case is remanded for further proceedings consistent with this ruling. The decision was concurred by Chief Judge Harris and Judges Griffin and Diamantis.

Legal Issues Addressed

Appellate Review and Remand

Application: The appellate court's decision to reverse and remand indicates that the lower court must conduct further proceedings consistent with the appellate court's findings regarding jurisdiction.

Reasoning: The case is remanded for further proceedings consistent with this ruling.

Personal Jurisdiction in Dissolution Proceedings

Application: The appellate court reversed the trial court's order, agreeing with the husband's argument that there was a lack of personal jurisdiction over him in the dissolution petition.

Reasoning: The trial court's order denying the husband's motion to dismiss the dissolution petition due to lack of personal jurisdiction has been reversed.