AUDREY INGRAHM, APPELLANT,
v.
ROBERT JAMES INGRAHM, APPELLEE
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COBB, Judge.
We reverse the order of the Seminole County Circuit Court denying the appellant’s motion to transfer venue over the appellee’s petition for modification of alimony from Seminole to Volusia County. Prior to the appellee’s filing of his petition, appellant, as the party to whom the alimony is owed, filed a complaint for enforcement of final judgment of dissolution in the Circuit Court for Volusia County, her county of residence. See § 61.17, Fla. Stat.; Bryant v. Bryant, 566 So. 2d 65 (Fla. 5th DCA 1990). Appellee served an answer. Once the enforcement proceeding was undertaken in an appropriate venue, venue was improper in a different county over the subsequently filed petition to modify the same decree which was the subject of the enforcement proceedings. See Bailey v. Malone, 389 So. 2d 348 (Fla. 1st DCA 1980).
REVERSED AND REMANDED.
GOSHORN and PETERSON, JJ., concur.
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Ofer M. Amir v. Gannon, 896 So. 2d 793 (Fla. 5th DCA 2005)…However, once an enforcement proceeding is undertaken in an appropriate venue, venue is improper in a different county over a subsequently filed petition to modify the decree which was the subject of the enforcement proceedings. Ingrahm v. Ingrahm, 711 So. 2d 1346 (Fla. 5th DCA 1998). Accordingly, in the instant case, because there were enforcement proceedings pending in Broward County, the court in Hernando County should have dismissed the former wife’s petition. REVERSED. PALMER and ORFINGER, JJ., concu…
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Porter v. Porter, 913 So. 2d 691 (Fla. 3d DCA 2005)…-Dade County and only one day prior to the March 31, 2005 Miami- [*694] Dade hearing.2 On April 4, 2005, the Miami-Dade Circuit Court granted the former husband’s Motion to Dismiss for Improper Venue, relying in part on Amir and Ingrahm v. Ingrahm, 711 So. 2d 1346 (Fla. 5th DCA 1998), which held that “[o]nce ... enforcement proceeding was undertaken in an appropriate venue, venue was improper in a different county over the subsequently filed petition to modify the same decree which was the subject of the enfo…
Authorities Cited
- Bailey v. Malone, 389 So. 2d 348 (Fla. 1st DCA 1980)
- Bryant v. Bryant, 566 So. 2d 65 (Fla. 5th DCA 1990)