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494 So. 2d 297

494 So.2d 297

11 Fla.L.Weekly 2031

Docket No. 86-568.

Hines v. Hines

Carol HINES, Appellant, v. Mary Jean HINES, Appellee.

District Court of Appeal of Florida

Decided September 23, 1986.

District Court of Appeal of Florida · decided 1986-09-23

Relies on 451 So. 2d 844 - State v. Hogan · 406 So. 2d 1223 - Cooper v. Cooper · Hernandez v. Hernandez

Good law ✅— No negative treatment on recordhow we know

Decided 1986-09-23

How this case has been cited

Cited by 6 later decisions — most recently January 2013

6 state decisions

201986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Jeffrey A. Schwarz, North Miami, for appellant.

¶2Theodore Fisher, Miami and Sanford Shaffer, for appellee.

¶3Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

¶4PER CURIAM.

¶5The husband appeals from that portion of the trial court's judgment which grants alimony to the former wife. After a default was entered against the wife, she failed to file any pleadings in the dissolution of marriage action initiated by her husband. A court is not at liberty to award alimony where the benefitting spouse has failed to seek such relief in the pleadings. Massey v. Massey,478 So.2d 478 (Fla. 2d DCA 1985); Hernandez v. Hernandez444 So.2d 35 (Fla. 3d DCA 1983), review denied,451 So.2d 848 (Fla. 1984); Cooper v. Cooper,406 So.2d 1223 (Fla. 4th DCA 1981). In addition, a default precludes the defaulting party from filing any pleadings in the action other than those requesting relief from the default. Rudner v. Cabrera,455 So.2d 1093 (Fla. 5th DCA 1984); Bischoff v. Dixie Auto Parts & Equipment Corp.,346 So.2d 146 (Fla. 3d DCA 1977). Since the wife made no attempt to have the default vacated, her attempt to inject the issue of alimony into the proceeding at final hearing without the husband's consent was not authorized. For this reason, that portion of the final judgment of dissolution which awarded alimony must be vacated.

¶6Reversed.

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