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Diaz v. Vasquez

237 So. 3d 401
CourtDistrict Court of Appeal of Florida
DecidedFebruary 7, 2018
DocketNo. 4D17–2969
StatusPublished

This text of 237 So. 3d 401 (Diaz v. Vasquez) 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
Diaz v. Vasquez, 237 So. 3d 401 (Fla. Ct. App. 2018).

Opinion

Per Curiam.

*402Catherine 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.

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Related

Rakusin v. Rakusin
569 So. 2d 893 (District Court of Appeal of Florida, 1990)

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Bluebook (online)
237 So. 3d 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-vasquez-fladistctapp-2018.