MARY DEMAURO, APPELLANT,
v.
ROBERT DEMAURO, APPELLEE

Fla. 3d DCA | 1999-06-09
No. 98-2885
Before COPE, LEVY, and GREEN, JJ.
737 So. 2d 566 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Given the undisputed record evidence that the minors and their custodial father are residents of Monroe County and the original award of custody was entered in Monroe County, the Dade County court below correctly determined that venue for the mother’s emergency petition to modify primary custody of children and motion for temporary injunction properly lies in the circuit court of Monroe County. See § 61.13(2)(c), Fla. Stat. (1997). Accordingly, we affirm the order transferring this cause to Monroe County.

Affirmed.


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  • Thornburg v. Donovan, 866 So. 2d 176 (Fla. 5th DCA 2004)
    …stody. See Pitt v. Benzenhafer, 843 So. 2d 1021 (Fla. 2d DCA 2003)(holding that the county where the husband resided and filed a petition for modification did not have jurisdiction because the child never resided there); see also DeMauro v. DeMauro, 737 So. 2d 566 (Fla. 3d DCA), review denied, 749 So. 2d 502 (Fla.1999)(holding that Dade County could not exercise jurisdiction over mother’s petition for modification of custody where custodial father and children resided in Monroe County where the original award…

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