Monday, November 1, 1999
Eugene F. Gaines v. Lynn Sayne

No. 95,134

Place of Origin
Hillsborough County

Facts
Gaines sued his wife Chlodel for divorce in January 1996. The trial entered its order granting the divorce and dividing assets in October 1996, but both parties asked for rehearing. The trial court granted the wife's request. In February 1997 she died before the rehearing could be held. In September 1997, the trial court entered its final judgment. Gaines appealed and challenged the entire divorce proceeding on grounds the marriage had been terminated by death before a final divorce was entered. The Second District ruled against him on grounds he should have raised the issue with the trial judge.