Wednesday, June 10, 2009

First District Opines on Two Motions to Dismiss

Two family cases were ruled on by the First District Court this week, both opinions regarding motions to dismiss in the underlying case. In Owens v. Owens, the Court found error with the lower tribunal's dismissal of a suit, with prejudice, seeking child support arrearages, in that no notice of the hearing was provided, and as such due process was violated. In Frier v. Frier, the Court declined to review the lower tribunal's order denying a motion to dismiss, in that, while jurisdiction was invoked under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i), the Court's personal jurisdiction had not been attacked, and as such the order was not subject to review.

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