Legal Opinion

Bryant v. Bryant

Supreme Court of Florida

Decided April 14, 1931PublishedCited by 15 opinions

1Per curiam

Where the jurisdiction of a court of equity has been wrongfully invoked and a final decree obtained upon false allegations of jurisdictional facts, the defendant, being free from laches, may obtain relief by way of motion to vacate such final decree and a decree pro confesso upon which it is based. The decree rendered in such a case, being valid on its face, where there is nothing in the record showing it otherwise, is not void but merely voidable, as where the facts showing the lack of jurisdiction can only be established by matters dehors the record. Sawyer v. Gustason, 96 Fla. 6, 118 So.…

2Cases cited2 opinions

  1. Chisholm v. ChisholmSupreme Court of Florida · 1929
  2. Sawyer v. GustasonSupreme Court of Florida · 1928

3Cited by15 opinions

  1. Demarigny v. DemarignySupreme Court of Florida · 1949
  2. State Ex Rel. Lorenz v. LorenzSupreme Court of Florida · 1942
  3. State Ex Rel. Willys v. ChillingworthSupreme Court of Florida · 1936
  4. Bemis v. LoftinSupreme Court of Florida · 1937
  5. Mabson v. MabsonSupreme Court of Florida · 1932

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