GLORIA D. MCCRAY AND THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
JAMES D. MCCRAY, APPELLEE
[*988] PER CURIAM.
Appellants appeal an order dismissing their petition for enforcement of support obligations which was brought in Madison County where the mother and children reside. Although the father admitted he did not make the required child support payments, the trial court declined to rule on the petition reasoning that the enforcement action should have been brought in Jefferson County, where the parties were divorced, rather than Madison County. However, section 61.17, Florida Statutes, a special venue statute, permits an action to enforce child support payments to be brought in the county where the mother, the person to whom the child support is payable, resides. Waterhouse v. Pringle, 68 So. 2d 599 (Fla.1953); and Hughes v. Hughes, 441 So. 2d 688 (Fla. 2nd DCA 1983).
REVERSED.
SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bryant v. Bryant, 566 So. 2d 65 (Fla. 5th DCA 1990)…provides for venue, the specific statute governs over a general statute. Stewart v. Carr, 218 So. 2d 525 (Fla. 2d DCA 1969). Additionally noteworthy is the fact that appellee has made no appearance in the appellate proceedings. See McCray v. McCray, 526 So. 2d 987 (Fla. 1st DCA 1988). With the exception of appellee’s answer to appellant’s complaint and petition stating that the final judgment should be enforced in Dade County, the pleadings do not indicate appellee’s reasons for this request. In the absence o…
Authorities Cited
- Cartwright v. Allstate Ins. Co., 441 So. 2d 688 (Fla. 4th DCA 1983)
- Webster v. State, 68 So. 2d 599 (Fla. 1953)
- Waterhouse v. Pringle, 68 So. 2d 599 (Fla. 1953)