REUBEN LIGAN, APPELLANT,
v.
ZAYRE CORPORATION, APPELLEE
REUBEN LIGAN, APPELLANT,
ZAYRE CORPORATION, APPELLEE
511 So. 2d 404
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM.
This is an appeal from an order of the trial court dismissing the appellant/plaintiff’s cause of action. At oral argument, counsel for the appellee/defendant urged this court to notice the record and file of the prior circuit court case involving the same issues and the same parties. We accept counsel's invitation and reverse. It is apparent that the trial court’s order of dismissal in the first case was entered as a sanction for failure to proceed and was not an adjudication on the merits. See Fla.R. Civ.P. 1.420(b).
Reversed and remanded for further proceedings.
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Soles v. Soles, 536 So. 2d 367 (Fla. 1st DCA 1988)…s eighteenth birthday absent a finding of dependency, even if the child is still attending high school. Compare Gelman v. Gelman, 512 So. 2d 236 (Fla. 1st DCA 1987), with Evans v. Evans, 456 So. 2d 956 (Fla. 1st DCA 1984); also see Carter v. Carter, 511 So. 2d 404 (Fla. 4th DCA 1987). In the present case the court did not find dependency as to the older child. The support award does not specify whether it is for one or both of the children, - and the reference to the parties’ “moral obligation” creates some a…
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Privett v. Privett, 535 So. 2d 663 (Fla. 4th DCA 1988)…child’s reaching his or her majority, unless he is dependent as provided in section 743.07, Florida Statutes (1985). Attending high school does not make the child statutorily dependent so as to extend the legal support obligation. Carter v. Carter, 511 So. 2d 404 (Fla. 4th DCA 1987). Therefore, that portion of the final judgment requiring the husband to pay child support beyond the child’s eighteenth birthday was error. Coincidentally, we have also just recently ruled in an en banc decision in Longo v. Long…
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Bennie Huff REY v. REY, 598 So. 2d 141 (Fla. 5th DCA 1992)…dent adult children of the parties. Grapin v. Grapin, 450 So. 2d 853 (Fla.1984) (requiring divorced parents to support adult child while child in college when other parents are not so compelled would be denial of equal protection); Carter v. Carter, 511 So. 2d 404 (Fla. 4th DCA 1987) (parent has no legal obligation to support a child who has attained majority unless child is statutorily dependent). While the husband’s continuing support of his adult children and his desire to furnish them with a higher educa…
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