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Love v. Love

District Court of Appeal of Florida, First District
Oct 31, 2000
770 So. 2d 256 (Fla. Dist. Ct. App. 2000)

Summary

reversing a trial court order distributing military retirement benefits to a former wife seventeen years after the divorce

Summary of this case from United States v. Wolas

Opinion

No. 1D99-2461.

Opinion filed October 31, 2000.

An appeal from the circuit court for Leon County, Charles D. McClure, Judge.

Reversed.

Kristin Adamson of Novey, Mendelson Adamson, Tallahassee, for Appellant.

Appellee pro se.


Some 17 years after the parties' divorce had become final, the former wife sought to modify the final judgment of dissolution of marriage for the purpose of addressing for the first time equitable distribution of the former husband's military retirement benefits. Despite the former husband's argument that the request was barred by the doctrine of res judicata, the trial court granted the petition for modification, amending the final judgment to award a portion of the retirement benefits to the former wife. We agree with the former husband that the petition for modification was barred by the doctrine of res judicata. See Davis v. Dieujuste, 496 So.2d 806 (Fla. 1986) (the doctrine of res judicata bars subsequent litigation of all matters which were or could have been litigated in the original dissolution proceeding unless the court lacked jurisdiction to address the matter). Accordingly, the Final Order on Petition for Modification of Dissolution is reversed.

Webster, Davis and Van Nortwick, JJ., Concur.


Summaries of

Love v. Love

District Court of Appeal of Florida, First District
Oct 31, 2000
770 So. 2d 256 (Fla. Dist. Ct. App. 2000)

reversing a trial court order distributing military retirement benefits to a former wife seventeen years after the divorce

Summary of this case from United States v. Wolas
Case details for

Love v. Love

Case Details

Full title:JEROME LOVE, Appellant, v. HELEN A. LOVE, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 31, 2000

Citations

770 So. 2d 256 (Fla. Dist. Ct. App. 2000)

Citing Cases

Wise v. Wise

This court has followed Davis in a similar case. See Love v. Love, 770 So.2d 256 (Fla. 1st DCA 2000) (court…

United States v. Wolas

Dist. Ct. App. 1989) (emphasis added). SeeSmith v. Cahill , 141 So. 3d 1047, 1053 (Ala. Civ. App. 2013)…