RONALD KAIN, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, AND KATHY KAIN, APPELLEES
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The court held that a judgment entered without proper notice and based on an improperly filed complaint must be reversed.
Plaintiff filed a complaint to establish a foreign decree as a Florida judgment, but did not attach the judgment and did not file under the correct st…
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ALTENBERND, Judge.
Ronald Kain appeals a final judgment entered in an action to enforce a foreign judgment. Because of several procedural irregularities, we reverse and remand for further proceedings.
On July 15,1993, Kathy Kain filed a pleading entitled “Complaint to Establish Foreign Decree as Florida Judgment.” The complaint generally alleges that Mr. Kain has failed to comply with a California decree and owes $30,453 in child support. The doeu-ments attached to the complaint do not appear to include a foreign judgment. This action was not filed under either parts III or IV of chapter 88, concerning foreign support orders. It is not an action based on the streamlined procedure described in sections 55.501-.509, Florida Statutes (1993), for domestication of a foreign judgment.
Mr. Kain filed a motion to dismiss on the ground that the complaint failed to state a cause of action because a final judgment was not attached. Before this motion was resolved, the trial court entered a final judgment on October 7,1993, for $36,516, describing the action as one for support under chapter 61 and relying on a new affidavit signed by Ms. Kain.
The parties dispute whether Mr. Kain’s attorney received actual notice of the hearing at which this judgment was entered. There is no dispute, however, that the hearing was not formally noticed and Mr. Kain’s attorney did not attend. Given that the ease was not at issue, the motion to dismiss had merit, the complaint should have been filed pursuant to chapter 88, and Ms. Kain never requested relief under chapter 61, we conclude this judgment should be reversed and the matter remanded for additional consideration.
Reversed and remanded with directions.
CAMPBELL, A.C.J., and QUINCE, J., concur.
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Klaus Jesse v. State, 711 So. 2d 1179 (Fla. 2d DCA 1998)…f Social Servs., 494 So. 2d 1126 (Fla.1986).1 The former wife’s child support claim should have been filed under the provisions of chapter 88. See §§ 88.101, 88.321 et seq., Fla. Stat. (1995); Kain v. State Dep’t of Health and Rehabilitative Servs., 645 So. 2d 578 (Fla. 2d DCA 1994) (complaint to establish foreign child support order as Florida judgment should be filed pursuant to chapter 88 concerning- foreign support orders). While URESA does not define the term “foreign” support orders, we find that it app…
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Lorenzo v. Skowronski-Thompson, 738 So. 2d 967 (Fla. 2d DCA 1999)…in the context of a foreign divorce decree. See Nichols v. Nichols, 613 So. 2d 137 (Fla. 4th DCA 1993) (New York divorce decree domesticated in Florida under the provisions of section 55.503). And this court implicitly acknowledged in Kain v. State, 645 So. 2d 578 (Fla. 2d DCA 1994), that an action to enforce child support could be brought under URESA or sections 55.501-509. Lorenzo also argues that under the Full Faith and Credit for Child Support Orders Act (FFCCSOA), 28 U.S.C. § 1738B, arrearages should h…