Stimpson v. Stimpson

Full title: PHILIP G. STIMPSON, APPELLANT, v. ANKE R. STIMPSON, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 27, 1983

442 So. 2d 1103 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-2174.

December 27, 1983.

Appeal from a non-final Order of the Circuit Court for Dade County, George Orr, Judge.

Hershoff Levy, Miami, for appellant.

Alan Rosenthal, Miami, for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.

PER CURIAM.

The appellee concedes failure to perfect constructive service of process and failure to comply with chapter 49 or section 61.1312, Florida Statutes (1981). The trial court erred in denying the appellant's motion to dismiss the appellee's petition for dissolution of marriage. See Gelkop v. Gelkop, 384 So.2d 195 (Fla. 3d DCA 1980); Overholser v. Overstreet, 383 So.2d 953 (Fla. 3d DCA 1980).

Accordingly, the trial court's non-final order granting temporary custody and temporary alimony is reversed, and this action is remanded to the trial court for further proceedings.