JOAN T. KERN, APPELLANT,
v.
JACK D. KERN, APPELLEE
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Joan Kern appeals an interlocutory order in a dissolution of marriage case, challenging the Palm Beach County Circuit Court's attempt to retain jurisdiction over a contempt proceeding after transferring the main case to Collier County. The court held that once a case is transferred to another county, the transferring court loses jurisdiction over both the parties and subject matter.
No. Once a case is transferred to another county, the transferring court loses jurisdiction of both the parties and the subject matter of the cause. The Palm Beach County Circuit Court was without power to reserve jurisdiction and enter the contempt order.
[1] A court loses jurisdiction over a case when it transfers venue to another county.
[2] A court that transfers venue of a case to another county lacks the power to reserve jurisdiction over the transferred subject matter.
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Join FLexlaw to unlock all legal intelligence“When the case was transferred to Collier County, which was an act within the discretion of the circuit judge, the court in Palm Beach County, we submit, lost jurisdiction of the parties and the subject matter of the cause.”
Establishes the core holding that venue transfer divests the original court of all jurisdiction
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Join FLexlaw to unlock all legal intelligenceThe husband filed suit for dissolution of marriage in Palm Beach County Circuit Court. After the wife defaulted, the court awarded the husband custody…
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BOARDMAN, Judge.
By way of background information, we mention that the instant case-had its origin in the Circuit Court of Palm Beach County, one of the counties included in the jurisdiction of the Fourth District Court of Appeal. The appellee/husband had filed suit against appellant/wife seeking a dissolution of the marriage of the parties and other relief. The wife having defaulted, the circuit court heard the case and subsequently entered its order dissolving the marriage and the custody of the six children born of the marriage was awarded to the husband with reasonable rights of visitation to the wife. The wife filed timely appeal and the decision of the circuit court was reversed in Kern v. Kern, Fla.App. 4th, 1974, 291 So. 2d 210, cert. den. 294 So. 2d 657.
Upon the case being remanded to the Circuit Court in Palm Beach County, the wife, through her attorney, filed a motion to change venue as provided in Section 47.-122, Florida Statutes, from Palm Beach County to Collier County. She assigned as grounds therefor, inter alia, that the husband was then residing in Collier County with their children. After hearing, the circuit court entered its order transferring the instant case to Collier County, one of the counties within the jurisdiction of this court. The said order not only transferred the cause as mentioned above, but, also, provided that jurisdiction be retained with respect to the contempt proceeding which was at that time scheduled before the Palm Beach County Circuit Court.
Appellant contends in this interlocutory appeal that the Circuit Court of Palm Beach County did not have the power to reserve jurisdiction for the purpose indicated in the order. We agree. When the case was transferred to Collier County, which was an act within the discretion of the circuit judge, the court in Palm Beach County, we submit, lost jurisdiction of the parties and the subject matter of the cause. See University Federal Savings and Loan Association of Coral Gables v. Lightbourn, Fla.App.4th, 1967, 201 So. 2d 568; Spalding v. Von Zamft, Fla.App.3rd, 1965, 180 So. 2d 208; and Reed Construction Corp. v. State Road Department, Fla.App.3rd, 1964, 165 So. 2d 816.
We recognize that the record shows that while the case was pending before the Fourth District Court of Appeal, the husband had filed a motion for contempt against the wife for her alleged violation of a restraining order that had been entered against her during the pendency of the appeal. The order citing the wife for contempt of the restraining order was entered by the Circuit Court in Palm Beach County four days after the order transferring the case to Collier County was granted.
In view of the established law of our state and in the interest of justice and hopefully to avoid continuous and prolonged litigation, we conclude that the Circuit Court of Palm Beach County was without power under the circumstances to reserve jurisdiction and to enter the contempt order. Reversed and remanded with directions to the Circuit Court in Collier County to conduct adversary proceedings on matters that may be properly filed before it that are necessary to decide the issue presented in the instant case.
McNULTY, C. J., and HOBSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kern v. Kern, 333 So. 2d 17 (Fla. 1976)…abuse his discretion in the conduct of the proceedings. Accordingly, the judgment is affirmed. OVERTON, C. J., and ROBERTS, ADKINS, BOYD, ENGLAND, SUNDBERG and HATCHETT, JJ., concur. . Decisions in other appeals taken by Mrs. Kern are reported at 309 So. 2d 563 (Fla.App.2d 1975) and 311 So. 2d 130 (Fla.App. 2d 1975). . We note that Green is distinguishable factually from the case sub judice because in Green “[t]he report, prepared and filed at the request of the court, was considered by the court in reach…
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Vasilinda v. Lozano, 631 So. 2d 1082 (Fla. 1994)…rder changing venue and the time that the change of venue becomes effective. Compare Florida Elections Comm'n v. Smith, 354 So. 2d 965 (Fla. 3d DCA 1978), and Ven-Fuel v. Jacksonville Elec. Auth., 332 So. 2d 81 (Fla. 3d DCA 1975), with Kern v. Kern, 309 So. 2d 563 (Fla. 2d DCA 1975).…
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Ven-Fuel v. Jacksonville Elec. Auth., 332 So. 2d 81 (Fla. 3d DCA 1975)…ited in these opinions. In a recently decided case, the District Court of Appeal, Second District, has held that a court, by transferring the cause “lost jurisdiction of the parties and the subject matter of the cause.” Kern v. Kern, Fla.App. 1975, 309 So. 2d 563. We must respectfully decline to follow that holding in this case because, in our view, jurisdiction of the parties and the cause cannot, under our system of law, remain in limbo from the time of the signing of the order of transfer to the effective…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Univ. Fed. Sav. & Loan Ass'n OF Coral Gables v. Lightbourn, 201 So. 2d 568 (Fla. 4th DCA 1967)
- Spalding v. VON Zamft, 180 So. 2d 208 (Fla. 3d DCA 1965)
- Reed Constr. Corp. v. State Rd. Dep't, 165 So. 2d 816 (Fla. 3d DCA 1964)
- Kern v. Kern, 291 So. 2d 210 (Fla. 4th DCA 1974)
- Cliff Hall, Jr. v. The City OF W. Palm Beach, 294 So. 2d 657 (Fla. 1974)
- Kern v. Kern, 294 So. 2d 657 (Fla. 1974)