Legal Opinion

Powell v. Powell

Court of Appeals for the Eleventh Circuit

Decided April 15, 1996No. 95-8313PublishedCited by 74 opinions

1Opinion of the Court

CARNES, Circuit Judge:

Pursuant to the Uniformed Services Former Spouses’ Protection Act (the “FSPA”), 10 U.S.C. § 1408, a state court awarded part of Eugene Powell’s naval retirement pay to his ex-wife, Joyce Powell, as alimony. Instead of appealing that award, Mr. Powell filed a complaint in federal district court against Mrs. Powell and John Dalton, who is Secretary of the Navy, contending that the FSPA is unconstitutional as applied to him, because it amounts to an unconstitutional taking of his property.

The district court entered summary judgment against Mr. Powell, holding that the FSPA…

2Cases cited9 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  3. Lockhart v. FretwellSupreme Court of the United States · 1993
  4. McCarty v. McCartySupreme Court of the United States · 1981
  5. Mansell v. MansellSupreme Court of the United States · 1989

4 more not listed; retrieve them via the Exa API.

3Cited by74 opinions

  1. Casale v. TillmanCourt of Appeals for the Eleventh Circuit · 2009
  2. Nicholson v. ShafeCourt of Appeals for the Eleventh Circuit · 2009
  3. Goodman Ex Rel. Goodman v. SiposCourt of Appeals for the Eleventh Circuit · 2001
  4. Glassroth v. MooreCourt of Appeals for the Eleventh Circuit · 2003
  5. Dale v. MooreCourt of Appeals for the Eleventh Circuit · 1997

69 more not listed; retrieve them via the Exa API.

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