McGee v. McGee, (1945)
Court: Supreme Court of Florida
Number:
Visitors: 8
Judges: SEBRING, J.:
Attorneys: T.G. Futch and T.G. Futch, Jr., for petitioner.
T. Frank Landrum, for respondent.
Filed: Jul. 10, 1945
Latest Update: Mar. 02, 2020
Summary: On May 22, 1942, B.F. McGee instituted suit for divorce against Millie Dooley McGee, on the ground of desertion. The bill of complaint alleged the address of the defendant to be unknown. Service was attempted upon the defendant by publication, the order of publication requiring the defendant to file her appearance on June 2, 1942, or suffer the entry of a decree pro confesso. The defendant failed to appear or plead on the day designated in the order of publication and a decree pro confesso was e
Summary: On May 22, 1942, B.F. McGee instituted suit for divorce against Millie Dooley McGee, on the ground of desertion. The bill of complaint alleged the address of the defendant to be unknown. Service was attempted upon the defendant by publication, the order of publication requiring the defendant to file her appearance on June 2, 1942, or suffer the entry of a decree pro confesso. The defendant failed to appear or plead on the day designated in the order of publication and a decree pro confesso was en..
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I am inclined to think that the more appropriate method of invoking appellate review of the trial court's order in this case would have been by appeal, but I am not sure that the
method adopted was not also available. I therefore yield to the judgment of the majority on this point of procedure. I have had no difficulty in concurring fully in the opinion of Mr. Justice SEBRING on the merits.
Source: CourtListener
