Perez v. Perez

Summary

The Florida Third District Court of Appeal reversed a dissolution judgment entered after the husband's default. The court identified multiple defects, including failure to plead Florida residency, lack of notice of the hearing, improper custody relief, and an unsupported award of the husband's interest in the marital home.

Holdings

1. The failure of the complaint to allege that either party was a Florida resident for the statutory period deprived the trial court of subject matter jurisdiction over the cause.
2. The husband's failure to receive notice of the hearing deprived him of the basic requirements of due process.
3. The custody portion of the judgment was erroneous because the complaint did not comply with sections 61.1308 or 61.132, Florida Statutes (1985), and because the relief was not sought in the complaint and therefore could not be awarded in a default proceeding.
4. The award of the husband's interest in the marital home to the wife was improper because the complaint did not demand that relief.

Questions Presented

1. Whether the trial court had subject matter jurisdiction when the dissolution complaint failed to allege that either party had been a Florida resident for the statutory period.
2. Whether entry of judgment after a hearing without notice to the defaulted husband violated due process.
3. Whether a default dissolution judgment could award custody-related relief when the complaint failed to comply with the statutory jurisdictional requirements and did not request custody.
4. Whether a default dissolution judgment could award the husband's interest in the marital home when the complaint did not demand that relief.

Disposition

reversed