Public-domain · open source
OpenJurist

307 So. 2d 194

Docket No. 74-666.

Couture v. Couture

Hilda Alma COUTURE, Appellant, v. John M. COUTURE, Appellee.

District Court of Appeal of Florida

Decided February 4, 1975.

District Court of Appeal of Florida · decided 1975-02-04

Decided 1975-02-04

¶1William John Mason, Miami, for appellant.

¶2Warren Bishop, Ocala, Norman A. Sand, Miami, for appellee.

¶3Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

¶4PER CURIAM.

¶5This appeal is as a result of domestic litigation. The wife, in her amended complaint, sought to charge a special equity in certain properties of a corporation, which was not a party to the litigation. The trial judge, in his final judgment of dissolution of marriage, adjudicated she had no interest in the corporate property and also that she was not possessed of any corporate stock.

¶6We find that these issues were not properly presented to the trial judge as the corporation was not a party to the litigation and, therefore, we affirm the final judgment except as it relates to Paragraph 7, where the court attempted to adjudicate the wife's lack of interest in the corporate real and personal property. We strike this paragraph as surplusage. In Paragraph 9, the court purported to adjudicate the wife's rights as a stockholder in the corporation, and we strike this paragraph from said final judgment because this was not an issue presented to the trial court.

¶7In all other respects, the final judgment of dissolution of marriage is affirmed as modified.

/307/so2d/194 · .json · Public domain