IAN MARKOFSKY, APPELLANT,
v.
GERTRUDE MARKOFSKY, APPELLEE

Fla. 3d DCA | 1980-05-13
Nos. 79-2293, 79-2396
Before HUBBART, NESBITT and DANIEL PEARSON, JJ.
384 So. 2d 38 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order under review is affirmed upon a holding that: (a) the wife Gertrude Markofsky, although a Canadian citizen, established on this record the requisite six months residency requirement in Florida to bring this marriage dissolution action, Pawley v. Pawley, 46 So. 2d 464, 471 (Fla.1950); Perez v. Perez, 164 So. 2d 561 (Fla. 3d DCA 1964); § 61.021, Fla.Stat. (1979); and (b) the trial court was not required, either as a matter of jurisdiction or comity, to dismiss the instant marriage dissolution action in deference to prior Canadian divorce proceedings involving the parties as the parties and the parties’ minor children are, and have been for a considerable time, residents of Florida. Schrey v. Schrey, 354 So. 2d 405 (Fla. 4th DCA 1978).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Celisseule Nicolas v. Nicolas, 444 So. 2d 1118 (Fla. 3d DCA 1984)
    …v. Perez, 164 So. 2d 561 (Fla. 3d DCA 1964). Also a Canadian citizen, who otherwise satisfied our statutory residency requirements, was permitted by this court to maintain a marriage dissolution action in the Florida courts. Markofsky v. Markofsky, 384 So. 2d 38 (Fla. 3d DCA 1980). Plainly, then, an alien’s foreign citizenship or non-permanent immigration status in this country does not constitute in itself an absolute residency bar to the maintenance of a marriage dissolution action by the alien in the Flo…
  • Devindar Maraj v. Maraj, 642 So. 2d 1103 (Fla. 4th DCA 1994)
    …tensive relief afforded under chapter 61, Florida Statutes, and because the parties’ children, primary residences, property, and extensive business interests are located here. Cf. Siegel v. Siegel, 575 So. 2d 1267 (Fla.1991); Markofsky v. Markofsky, 384 So. 2d 38 (Fla. 3d DCA 1980). In Siegel, the supreme court recognized that there are circumstances warranting a trial court’s denial of a stay, notwithstanding an earlier filing in another jurisdiction. This is not a ease, such as Norris or Bedingfield, wher…
  • Siegel v. Siegel, 548 So. 2d 266 (Fla. 5th DCA 1989)
    …lorida residence requirements, not withstanding the pendency of prior divorce proceedings in another state. See Gratz v. Gratz, 137 Fla. 709, 188 So. 580 (1939); Cruickshank v. Cruickshank, 420 So. 2d 914 (Fla. 1st DCA 1982); Markofsky v. Markofsky, 384 So. 2d 38 (Fla. 3d DCA 1980). Neither can we give primacy to the New York dissolution proceeding based on the Full Faith and Credit provision of Article IV, section 1 of the United States Constitution, because [*269] that provision applies only to final judgm…

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