Schwamm V. Superior Court

A writ of certiorari was granted in this proceeding to test the denial of a motion to dismiss a civil action filed under the provisions of the Uniform Declaratory Judgments Act, A.R.S. section 12-1831 et seq. The action in question seeks to have declared null and void, for lack of jurisdiction over the person, a judgment for money rendered in a divorce action by the Circuit Court, Dade County, Florida. Lewis W. Davis, the real party in interest here, is the person against whom said judgment was rendered and he is the plaintiff below. The wife in the Florida divorce case is the petitioner herein and she alleges that the denial of her motion to dismiss the complaint seeking declaratory relief is erroneous and beyond the jurisdiction of the trial court for the reason that the Declaratory Judgments Act of this state cannot be used as a means to test the validity of a judgment of a court in another action.