Arnold S. Wax v. Kerrin Friedman, as Personal Representative of the Estate of Bonny L. Wax

Summary

The Florida Third District Court of Appeal held that it had jurisdiction to review a partial final judgment dissolving the parties’ marriage, despite the trial court’s reservation of jurisdiction over remaining dissolution issues. The court concluded that the statutory residency requirement was jurisdictional and that the parties’ pleadings and the Husband’s uncorroborated testimony did not satisfy the requirement for corroborating evidence. The court reversed the partial final judgment.

Holdings

1. A partial judgment dissolving a marriage is final insofar as the marital status of the parties is concerned and is appealable even when the trial court reserves jurisdiction over alimony, support, equitable distribution, and other dissolution issues.
2. The statutory residency requirement for dissolution of marriage must be corroborated by evidence; pleadings, admissions, and the uncorroborated testimony of one party cannot satisfy that requirement. Because no corroborating evidence was presented, the trial court lacked subject matter jurisdiction to enter the partial final judgment.

Questions Presented

1. Whether a partial final judgment dissolving a marriage while reserving jurisdiction over all remaining dissolution issues is final and appealable.
2. Whether the trial court had subject matter jurisdiction to enter the dissolution judgment when neither party presented corroborating evidence of the statutory Florida residency requirement.

Disposition

reversed