DIAZ
v.
VASQUEZ
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The appellate court reversed a lower court's decision denying a motion for change of venue in a divorce case. The court held that venue was improper in Broward County, where the husband filed, and should have been in Miami-Dade County, where the parties last resided together and the wife and child currently reside.
Venue was not proper in Broward County. The cause of action for dissolution of marriage arises in the county where the parties last resided together with the intent to remain married.
[1] A dissolution of marriage action arises in the Florida county in which both parties last resided together with a common intent to remain married, establishing the proper…
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Join FLexlaw to unlock all legal intelligence“The law is well settled in Florida that a cause of action for dissolution of marriage arises in the Florida county in which both parties last resided with a common intent to remain married.”
This quote establishes the legal principle for determining proper venue in dissolution of marriage cases in Florida.
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Join FLexlaw to unlock all legal intelligenceThe wife appealed an order denying her motion to change venue from Broward County to Miami-Dade County in a dissolution of marriage case. The husband …
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
CATHERINE DIAZ,
Appellant,
v.
JONATHAN VASQUEZ,
Appellee.
No. 4D17-2969
[February 7, 2018]
Appeal on non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John P. Contini, Judge; L.T. Case No. 2017-009723 (44) (93).
Kimberly H. Schultz of Kimberly H. Schultz, P.A., Miami, for appellant. Jonathan Vasquez, Broward, pro se. PER CURIAM.
Catherine Diaz (the wife) appeals from an order denying her motion for change of venue from Broward County, the husband’s present county of residence where he filed his petition for dissolution of marriage, to Miami- Dade County, where the wife and the marital child currently reside. We reverse.
“The law is well settled in Florida that a cause of action for dissolution of marriage arises in the Florida county in which both parties last resided with a common intent to remain married.” Rakusin v. Rakusin, 569 So. 2d 893, 895 (Fla. 4th DCA 1990). Here, the parties last resided as husband and wife in the city of Hialeah, in Miami-Dade County. No basis for venue in Broward County has been shown. Accordingly, we reverse this cause and remand with instructions that venue be transferred to Miami-Dade County, Florida.
Reversed. GROSS, CONNER and KUNTZ, JJ., concur.
2
* * * Not final until disposition of timely filed motion for rehearing.