Florida District Courts of Appeal, 1978

Vaughan v. Vaughan

Vaughan v. Vaughan
Florida District Courts of Appeal · Decided April 10, 1978 · Alderman, Anstead, Dauksch
358 So. 2d 52; 1978 Fla. App. LEXIS 15398 (Southern Reporter, Second Series)

Vaughan v. Vaughan

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a summary judgment. Because Appellant filed an affidavit raising a factual issue as to whether he was given notice in a foreign proceeding, the court was in error in giving full faith and credit to the foreign judgment by these summary proceedings. Reichert v. Appel, 74 So.2d 674 (Fla. 1954); Griffin v. Griffin, 327 U.S. 220, 66 S.Ct. 556, 90 L.Ed. 635 (1946).

Reversed and remanded for further proceedings not inconsistent herewith.

ALDERMAN, C. J., and ANSTEAD, J., concur.

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