Contreras v. Contreras
A wife obtained a default dissolution judgment after serving her incarcerated husband by publication; the judgment awarded her half of the surplus from a foreclosure sale of the marital residence. The Third DCA reversed, holding that because the notice of action did not describe the real property (as section 49.08 requires), the court never acquired in rem jurisdiction to adjudicate property rights, and that this defect — a species of subject-matter jurisdiction — could not be waived by the husband's failure to seek rehearing below.
Key facts
- Wife obtained a default dissolution judgment against her incarcerated husband, who was served by publication, awarding her half of the surplus from a foreclosure sale of the marital residence.
- The trial court's notice of action did not describe the real property at issue, despite describing it in the petition.
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Why it matters
The opinion is a clean, citable statement that a notice of constructive service must itself describe the real property to confer in rem jurisdiction, and that the resulting defect is jurisdictional and non-waivable… — full analysis with a trial
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