WILLIAM LEE BRAWNER AND MILDRED BRAWNER, APPELLANTS,

v.

PIXIE DEVELOPMENT CORPORATION D/B/A OAKLAND SHORES, APPELLEE

Citator

Cited By

• McNeil v. Jenkins-McNeil (Fla. 5th DCA 2018)
  …in Florida, one of the parties to the marriage must reside six months in the state before the filing of the petition. § 61.021, Fla. Stat. (2015). Residency for this statutory period is jurisdictional and must be alleged and proved. Wise v. Wise, 310 So. 2d 431, 432 (Fla. 1st DCA 1975) (citing Kutner v. Kutner, 33 So. 2d 42, 44 (Fla. 1947); Chisholm v. Chisholm, 125 So. 694, 700 (Fla. 1929)). Here, Former Wife alleged in her counter-petition that Former Husband had been a Florida resident for at least six…
• Fernandez v. Fernandez, 648 So. 2d 712 (Fla. 1995)
  ….052(2), Fla.Stat. (1991). Florida’s residency requirement is jurisdictional and must be alleged and proved in every case. Similarly, corroborating testimony cannot be waived by an admission that the residency requirement has been met. Wise v. Wise, 310 So. 2d 431 (Fla. 1st DCA 1975). In the present instance, petitioner’s verified answer admitted both the wife’s Florida residency and that the marriage was irretrievably broken. Petitioner also affirmatively alleged residency of his wife and that the marriage…
• Coons v. Cathlyn Ann Coons, 765 So. 2d 167 (Fla. 1st DCA 2000)
  …or absences required by the United States Military.” In his answer, Appellant admitted Appel-lee’s claim of Florida residency. However, his admission of Appellee’s Florida residency could not substitute for proof of such residence. See Wise v. Wise, 310 So. 2d 431 (Fla. 1st DCA 1975). At the dissolution hearing, Appellee produced her current, valid Florida driver’s license as corroborating evidence of residency, without an objection. According to Florida Family Law Rule 12.140, defenses shall be governed by F…