Moore v. Moore
Moore v. Moore
Opinion of the Court
Appellee (wife) and appellant (husband), while engaged in a dissolution of marriage proceeding in the Circuit Court of Palm Beach County, agreed that, if the wife would file a voluntary dismissal of said suit, either party would thereafter be free to commence dissolution proceedings if so advised, and counsel for the other party would accept service of process in said new suit. Accordingly, that case was voluntarily dismissed; however, on June 21, 1989, the wife filed the present suit for dissolution of the marriage and attempted service of process on the husband’s counsel, only to be advised that the husband had with
A) Respondent’s letter dated October 3, 1989 (docket entry number 16) was properly treated as his answer. It denied the allegations of Petitioner’s “latest petition” (the present case and second action between the parties) by describing them as lies, misstatements and exaggerations. It also indicated his intention to file a Counterpetition (although he never did so).
B) Copies of Petitioner’s Motion to Set Cause for Trial (docket entry number 20) and the Court’s Order Setting Trial (docket entry number 23) were both sent to Respondent at the return address he provided on the envelope containing his October 3, 1989 answer.
From our study of the record and briefs we conclude that the trial court did not err in treating the October 3, 1989, letter as an answer. In forwarding that letter to the trial judge, appellant placed his ostensible return address on the envelope, which address was used by the court in forwarding copies of notices and court orders to appellant. Under these circumstances, appellant had his opportunity to be present at trial, but chose not to appear. In view of the foregoing, together with the fact that there is no transcript of what transpired at the final hearing, appellant cannot demonstrate reversible error in the judgment crafted by the trial court. Said judgment is therefore affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.