Sharove v. Middleman

[201]

FOX, J.

There are two appeals in this ease.

Defendant's Appeal

Defendant appeals from a judgment establishing a Florida divorce decree and awarding plaintiff $7,220 accumulated child support under the Florida decree.

Plaintiff and defendant were married in New York in 1934. A child was born in 1936. The parties separated in 1938. Plaintiff established residence in Florida in 1939 and there filed suit for divorce. She was granted a final decree in December of that year. She was awarded custody of the minor child, and defendant was ordered to pay plaintiff $10 a week for the child’s support and maintenance. Both parties have since remarried.

By her amended and supplemental complaint plaintiff sought to have the Florida decree established as a judgment in this state and to recover $7,220 due her from defendant under said judgment for the support of the child. She had also a cause of action for declaratory relief in which she sought a declaration of “the rights, duties and obligations of the parties” under the Florida judgment, “or their rights, duties and obligations otherwise.”

In his answer defendant alleged, inter alia, that he did not appear either personally or by counsel in the divorce suit in Florida, nor was personal service made upon him; that service was effected by publication only.

At the trial he testified on this point in support of the allegations of his answer.

On appeal he asserts error on the ground that the trial court failed to find on this issue.

It is elementary that findings are required on all material issues raised by the pleadings and evidence, unless they are waived and “if the court renders judgment without making findings on all material issues, the ease must be reversed.”

(James

v.

Haley,

212 Cal. 142, 147 [297 P. 920];