Scott-Lubin v. Lubin

145 49 So.3d 838 (2010)

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Nature of the Case

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Facts

Sheila (W) appealed filed a petition for dissolution but was unable to locate Paul (H). W got permission to notice the suit by publication. H did not answer the petition, and a default final judgment of dissolution of marriage was entered. The court awarded W the marital residence, two of the couple's three cars, permanent alimony, and attorneys' fees and costs. H told the magistrate that he had not paid because he 'was not aware of the entry of the Final Judgment.' The court ruled for W. H's counsel filed a motion to vacate the final judgment. The trial court granted the motion. H was never personally served with a petition for dissolution of marriage, and thus, the trial court lacked jurisdiction to resolve the claims regarding alimony, the marital residence, and other matters pertaining to the parties' assets and liabilities. It ruled the final judgment was void, 'except as to the granting of the Dissolution of Marriage itself.' W appealed.