MELISSA L. BOWMAN, APPELLANT,
v.
PAUL D. BOWMAN, APPELLEE
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Florida appellate court affirmed denial of venue change in dissolution of marriage, holding that venue is proper in the county where parties last lived together with intent to remain married, not where one spouse subsequently relocated.
Venue in a dissolution of marriage case is proper in the county where the parties last lived together with a common intent to remain married, regardless of subsequent relocation by one spouse.
[1] In a dissolution of marriage action, venue is determined by the county where the parties last lived together with a common intent to remain married, not by the county to…
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Join FLexlaw to unlock all legal intelligenceMelissa Bowman and her infant daughter left the marital home in Tallahassee and moved to West Palm Beach with Mr. Bowman's knowledge and cooperation, …
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PER CURIAM.
In this dissolution of marriage matter, Melissa Bowman appeals a nonfinal order entered by the Leon County Circuit Court denying Mrs. Bowman’s motion to change venue from Leon County to Palm Beach County. We affirm.
Mrs. Bowman asserts that because she and her infant daughter left the marital home in Tallahassee and, with the knowledge and cooperation of Mr. Bowman, moved to West Palm Beach, where they resided for a period of five months before Mr. Bowman petitioned for dissolution of marriage, that venue is proper only in Palm Beach County. We have located no case authority applying such a proposition to a dissolution of marriage case. Rather, it is clearly established in Florida that a cause of action for dissolution accrues, for purposes of applying the venue statute, section 47.011, Florida Statutes (1991), in the single county where the parties last lived with a common intent to remain married. Carroll v. Carroll, 322 So. 2d 53 (Fla. 1st DCA 1975), aff'd 341 So. 2d 771 (Fla.1977); Smith v. Smith, 430 So. 2d 521 (Fla. 2d DCA 1983). We perceive that the fact that child custody or visitation may become an issue in this dissolution proceeding does not, in and of itself, abrogate the general venue rule applicable to dissolution of marriage cases.
AFFIRMED.
ERVIN, WIGGINTON and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williamson v. Williamson, 690 So. 2d 664 (Fla. 1st DCA 1997)…PER CURIAM. The non-final order appealed is REVERSED and REMANDED with directions to grant in its entirety appellant’s Motion to Abate and Transfer venue to Brevard County. Bowman v. Bowman, 597 So. 2d 399 (Fla. 1st DCA 1992). JOANOS, WOLF and VAN NORTWICK, JJ., concur.…
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Kopecky v. Kopecka, 967 So. 2d 1109 (Fla. 4th DCA 2007)…of marriage, lies in the county where the parties last lived with a common intent to remain married.” Butler v. Butler, 866 So. 2d 1280, 1281 (Fla. 4th DCA 2004) (citing Carroll v. Carroll, 341 So. 2d 771, 772 (Fla.1977)); see also Bowman v. Bowman, 597 So. 2d 399, 399 (Fla. 1st DCA 1992) (citing Carroll). Section 47.011, Florida Statutes (2007), provides: “Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located…
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Dlin v. Nayibe Dlin (Fla. 3d DCA 2019)…in Florida, however, holding that a cause of action for dissolution accrues, for purposes of applying the venue statute, in the single county where the parties last lived together with a common intent to remain married. See, e.g. Bowman v. Bowman, 597 So. 2d 399 (Fla. 1st DCA 1992). This is true even when one spouse moves to another county to escape the marriage, the situation presented in the facts before us. See Hoskins v. Hoskins, 363 So. 2d 179, 181 (Fla. 4th DCA 1978) (holding that the last place where…
Authorities Cited
- Carroll v. Vernell Carroll, 322 So. 2d 53 (Fla. 1st DCA 1975)
- Vernell Carroll v. Carroll, 341 So. 2d 771 (Fla. 1977)
- Smith v. Smith, 430 So. 2d 521 (Fla. 2d DCA 1983)