BARBARA DONES, A/K/A BARBARA GREEN, APPELLANT,
v.
GEORGE GREEN, APPELLEE
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The court held that the trial judge did not err in denying the motion to dismiss for improper venue and that there was sufficient evidence to support the custody order.
The father sought custody of the parties' minor children, and the proceedings were initiated in Dade County while the children were temporarily in the…
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These two appeals are by Barbara Dones, formerly known as Barbara Green. She was the defendant in a proceeding brought by her former husband, George Green, in which he sought the custody of the two minor children of their marriage. The first appeal is an interlocutory appeal. It is from an order transferring custody of the two minor children from the appellant mother to the appellee father. Thereafter the appellant filed a full appeal from the same order, presumably because of an abundance of caution. We have consolidated the appeals for briefing and oral argument, and, finding that no error has been demonstrated, we affirm the order appealed.
The appellant presents two major issues. The first urges that the trial judge erred in denying her motion to dismiss for improper venue. The other urges that there was insufficient evidence to support the findings and the order of the trial judge.
The appellant contends that the Florida venue statute (§ 46.01, Fla.Stat. (1965), F.S.A.; § 47.011, Fla.Stat. (1967) F.S.A.) entitles her to be sued in Broward County, the county of her residence. The *920record shows that the proceedings were begun by the appellee in Dade County during a period when the children were temporarily in his custody in Dade County. It was not error for the trial judge to refuse to transfer the cause, since the children (the subject matter of the cause) were physically present and temporarily domiciled in the county of the forum. See York v. York, Fla.1955, 78 So.2d 406.
We have examined the record in light of the appellant’s contentions regarding the sufficiency and weight of the evidence, and we hold that she has not demonstrated the absence of an evidentiary basis for the findings of the trial judge nor has she shown that the trial judge misconceived the legal effect of the evidence. Therefore it is our duty to affirm the findings of the trial judge. Avery v. Heermance, Fla.App.1962, 138 So.2d 775. Compare Foster v. Sharpe, Fla.App.1959, 114 So.2d 373.
Affirmed.
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Carroll v. Vernell Carroll, 322 So. 2d 53 (Fla. 1st DCA 1975)…So. 927 (1937). It has been held, however, that the presence of a child in the forum county is sufficient to sustain venue of an action involving his custody and support, despite objection by a defendant residing in a distant county. Dones v. Green, 212 So. 2d 919 (Fla.App. 3rd, 1968), citing York v. York, 78 So. 2d 406 (Fla.1955) (dictum). . Russell v. Russell, 86 Fla. 15, 96 So. 288 (1923) ; Edmundson v. Edmundson, 133 Fla. 703, 709, 182 So. 824, 826 (1938). . In Wildey v. Wildey, 30 Fla.Supp. 201 (Cir.Ct…
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Rivenbark v. Norine Deep Rivenbark, 335 So. 2d 23 (Fla. 1st DCA 1976)…of Alachua County as the venue of her custody and support petition unconnected with dissolution, we recognized in Carroll the propriety of her choice. The child was with her in Gainesville. Carroll v. Carroll, 322 So. 2d at 54 n. 1; Dones v. Green, 212 So. 2d 919 (Fla.App.3d, 1968). When in time the wife’s residency requirement was satisfied, she petitioned in Alachua County for dissolution of marriage, and the circuit court consolidated that proceeding with the still-pending custody action. The trial court…
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Rakusin v. Rakusin, 569 So. 2d 893 (Fla. 4th DCA 1990)…tody of her stepson, Mitchell, appellant responded affirmatively. As a result of this testimony, appellee argued, and the trial court agreed, that he had a sufficient basis for selecting venue in Broward County. The court relied upon Dones v. Green, 212 So. 2d 919 (Fla. 3rd DCA 1968). In Dones, a father of two children brought an action against their mother in which he sought custody of the children. The district court found that because the children were the subject matter of the action, venue was proper whe…
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- Foster v. Sharpe, 114 So. 2d 373 (Fla. 3d DCA 1959)
- Avery v. Rena M. Heermance, 138 So. 2d 775 (Fla. 3d DCA 1962)
- York v. York, 78 So. 2d 406 (Fla. 1955)