ROSE H. ROBBINS, APPELLANT,
v.
ALBERT F. ROBBINS, APPELLEE

Fla. 3d DCA | 1988-06-21
No. 88-950
Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.
526 So. 2d 1053 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The order under review which transferred to Broward County this action to modify a 1984 final judgment of dissolution solely because the dissolution was entered in Broward County is reversed upon a holding that (1) under Section 61.14(1), Florida Statutes (1987), the appellant-wife, being, without dispute, a long-term resident of Dade County when she filed her modification action, was entitled to bring the action in the county of her residence, notwithstanding that venue was also proper in the county where the order sought to be modified was entered, Torres v. Torres, 516 So. 2d 11 (Fla. 5th DCA 1987); Carr v. Carr, 489 So. 2d 889 (Fla. 1st DCA 1986); Sikes v. Sikes, 286 So. 2d 210 (Fla. 1st DCA 1973); Stewart v. Carr, 218 So. 2d 525 (Fla. 2d DCA 1969); and (2) apart from the showing that the dissolution was entered in Broward County, where the appellee-hus-band resides — facts legally insufficient to defeat the wife’s choice of Dade County as the venue for her motion to modify — there are no other facts shown on this record to establish that Dade County is, as urged by the husband, a forum non conveniens.

Reversed and remanded.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Bryant v. Bryant, 566 So. 2d 65 (Fla. 5th DCA 1990)
    …child currently resided despite fact that divorce granted in second county and former husband resided in yet a third county). Existing caselaw also supports appellant’s argument with regard to her modifi [*68] cation action. See Robbins v. Robbins, 526 So. 2d 1053 (Fla. 3d DCA 1988) (former wife’s action to modify final divorce judgment, originally entered in Broward County where former husband also resided, improperly transferred to Broward County where wife had been a long-term resident of Dade County at th…

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