Clark v. Clark

This is an appeal from an order denying attorneys’ fees in a dissolution of marriage proceeding in which the trial court, relying on this Court’s decision in Rosenhouse v. Ever, 150 So.2d 732 (Fla. 3d DCA 1963), found that it lacked jurisdiction over the matter following the death of one of the parties. We decline to give Rosenhouse such expansive application and therefore reverse.

On January 20, 2000, Beth Ann Clark filed a Verified Petition for Dissolution of Marriage and Other Relief against John Ward Clark. John Ward Clark died on October 9, 2000, before the dissolution proceedings had…