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588 So. 2d 321

Docket No. 91-0365.

Bechtold v. Bechtold

William BECHTOLD, Appellant, v. Mary BECHTOLD, Appellee.

District Court of Appeal of Florida

Decided November 6, 1991.

District Court of Appeal of Florida · decided 1991-11-06

Cited by 2 later decisions — most recently August 2008

2 state decisions

Relies on 491 So. 2d 1293 - Rand v. Rand

Good law ✅— No negative treatment on recordhow we know

Decided 1991-11-06

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¶1William Bechtold, pro se.

¶2No brief filed for appellee.

¶3POLEN, Judge.

¶4This is an appeal of a non-final order finding lack of personal jurisdiction over the appellee. The husband filed suit against the wife for dissolution of marriage and for partition; however, the husband failed to allege the basis for personal jurisdiction over the wife in his petition for dissolution of marriage. He did clearly show, in the complaint for partition, that the wife owned property in the State of Florida which constitutes a basis for long arm jurisdiction under section 48.193(1)(c), Florida Statute (1989). We therefore reverse the order of the trial court as to the partition action.

¶5We also note that the husband may seek leave to amend his petition for dissolution of marriage to include the formality of alleging personal jurisdiction over the wife, which he did in the complaint for partition. The petition for dissolution of marriage and the complaint for partition were attached when presented to the trial court and while we can see why the court dismissed the dissolution action, e.g., Rand v. Rand,491 So.2d 1293 (Fla. 4th DCA 1986), we think that personal jurisdiction over the wife can be obtained on the basis of her ownership of property in this state.

¶6The case is reversed and remanded with instructions to reinstate the husband's complaint for partition and, upon proper motion, *322 to allow the husband to amend his petition for dissolution if he so desires.

¶7DOWNEY and ANSTEAD, JJ., concur.

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