Brown v. Taylor

District Court of Appeal of Florida

Brown v. Taylor

889 So. 2d 1016, 2005 Fla. App. LEXIS 10, 2005 WL 17403

CourtDistrict Court of Appeal of Florida

DecidedJanuary 5, 2005

DocketNo. 2D03-5263

StatusPublished

This text of 889 So. 2d 1016 (Brown v. Taylor) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Taylor, 889 So. 2d 1016, 2005 Fla. App. LEXIS 10, 2005 WL 17403 (Fla. Ct. App. 2005).

Pincite

Opinion

NORTHCUTT, Judge.

Aston Brown appeals a final judgment annulling his marriage to Evelyn Taylor. Brown argues that annulment was improper because the parties had consummated the marriage. We agree and reverse.

According to the record before this court, Taylor and Brown were married on September 14, 2002. About six months later, Taylor filed a petition for annulment alleging that Brown fraudulently induced her to marry. But it is undisputed that the parties consummated their marriage. A marriage that has been consummated cannot be annulled for fraud. Adler v. Adler, 805 So.2d 952 (Fla. 2d DCA 2001). Accordingly, we reverse the annulment and remand for proceedings on the alter[1017]*1017native count for dissolution of marriage, as pleaded in Taylor’s amended complaint.

Reversed and remanded.

STRINGER and WALLACE, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

NORTHCUTT, Judge.

Aston Brown appeals a final judgment annulling his marriage to Evelyn Taylor. Brown argues that annulment was improper because the parties had consummated the marriage. We agree and reverse.

According to the record before this court, Taylor and Brown were married on September 14, 2002. About six months later, Taylor filed a petition for annulment alleging that Brown fraudulently induced her to marry. But it is undisputed that the parties consummated their marriage. A marriage that has been consummated cannot be annulled for fraud. Adler v. Adler, 805 So.2d 952 (Fla. 2d DCA 2001). Accordingly, we reverse the annulment and remand for proceedings on the alter[1017]*1017native count for dissolution of marriage, as pleaded in Taylor’s amended complaint.

Reversed and remanded.

STRINGER and WALLACE, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

889 So. 2d 1016, 2005 Fla. App. LEXIS 10, 2005 WL 17403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-taylor-fladistctapp-2005.

Opinion

Related

Cite This Page — Counsel Stack