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291 So. 2d 655

Wagner v. Wagner

District Court of Appeal of Florida · decided 1974-03-08

Relies on 93 So. 2d 90 - Thompson v. Thompson

Decided 1974-03-08

HOBSON, Acting Chief Judge.

¶1Appellant filed a complaint in the trial court under the Uniform Enforcement of Support Act. The trial court dismissed the cause on the ground that the appellee had pending in the same trial court an action for dissolution of marriage and the best interest of both parties would best be served by having all matters determined in one suit.

¶2Section 88.031(6), Fla.Stat., F.S.A. provides that:

“Duty of support includes any duty of support imposed or imposable by law, or by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, judicial separation, separate maintenance or otherwise.”

¶3In Thompson v. Thompson, Fla.1957, 93 So.2d 90, our Supreme Court held that the act “is designed to provide a remedy entirely separate from and independent of any remedies existing under other applicable provisions of law ...”

¶4Therefore, we hold that the trial court erred in dismissing appellant’s complaint under the act.

¶5Reversed and remanded.

BOARDMAN, J., and JOANOS, JAMES E., Associate Judge, concur.
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