Legal Opinion

Polonsky v. Polonsky

District Court of Appeal of Florida

Decided November 8, 1974No. 74-543Published

1Opinion of the Court

WALDEN, Judge.

This is an appeal from a trial court order which sustained certain objections to a request for admissions. We reverse.

A wife obtained a judgment of dissolution of marriage on April 10, 1973. It was an uncontested proceeding, based on substituted service. On July 12, 1973, the husband filed a motion to set aside the final judgment on the grounds that same was void because of lack of jurisdiction, based on the fact that the wife had not fulfilled the six month residency requirement of F. S. 61.021. The husband’s motion was based upon the procedure found in Rule 1.-540, F.R.C.P.,…

2Cases cited3 opinions

  1. Charles Sales Corp. v. RovengerSupreme Court of Florida · 1956
  2. Southern Mill Creek Products Co. v. Delta Chemical Co.District Court of Appeal of Florida · 1967
  3. Watkins v. Mother's Auto Sales, Inc.District Court of Appeal of Florida · 1972

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