From Casetext: Smarter Legal Research

Bechtold v. Bechtold

District Court of Appeal of Florida, Fourth District
Nov 6, 1991
588 So. 2d 321 (Fla. Dist. Ct. App. 1991)

Summary

reversing an order dismissing a complaint for partition that was attached to a petition for dissolution of marriage

Summary of this case from Marshall v. Marshall

Opinion

No. 91-0365.

November 6, 1991.

Appeal from the Circuit Court, Palm Beach County, Michael D. Miller, J.

William Bechtold, pro se.

No brief filed for appellee.


This is an appeal of a non-final order finding lack of personal jurisdiction over the appellee. The husband filed suit against the wife for dissolution of marriage and for partition; however, the husband failed to allege the basis for personal jurisdiction over the wife in his petition for dissolution of marriage. He did clearly show, in the complaint for partition, that the wife owned property in the State of Florida which constitutes a basis for long arm jurisdiction under section 48.193(1)(c), Florida Statute (1989). We therefore reverse the order of the trial court as to the partition action.

We also note that the husband may seek leave to amend his petition for dissolution of marriage to include the formality of alleging personal jurisdiction over the wife, which he did in the complaint for partition. The petition for dissolution of marriage and the complaint for partition were attached when presented to the trial court and while we can see why the court dismissed the dissolution action, e.g., Rand v. Rand, 491 So.2d 1293 (Fla. 4th DCA 1986), we think that personal jurisdiction over the wife can be obtained on the basis of her ownership of property in this state.

The case is reversed and remanded with instructions to reinstate the husband's complaint for partition and, upon proper motion, to allow the husband to amend his petition for dissolution if he so desires.

DOWNEY and ANSTEAD, JJ., concur.


Summaries of

Bechtold v. Bechtold

District Court of Appeal of Florida, Fourth District
Nov 6, 1991
588 So. 2d 321 (Fla. Dist. Ct. App. 1991)

reversing an order dismissing a complaint for partition that was attached to a petition for dissolution of marriage

Summary of this case from Marshall v. Marshall

In Bechtold this court reversed and remanded the trial court's order dismissing appellant's petition for dissolution of marriage and partition.

Summary of this case from Bechtold v. Bechtold
Case details for

Bechtold v. Bechtold

Case Details

Full title:WILLIAM BECHTOLD, APPELLANT, v. MARY BECHTOLD, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 6, 1991

Citations

588 So. 2d 321 (Fla. Dist. Ct. App. 1991)

Citing Cases

Marshall v. Marshall

The wife pled and argued that the husband's ownership and possession of real property in Palm Beach County…

Bechtold v. Bechtold

PER CURIAM. Appellant William Bechtold has moved to enforce our mandate and direct the trial court to comply…