Leming v. Jenkins

District Court of Appeal of Florida

Leming v. Jenkins

132 So. 3d 1216, 2014 WL 656664, 2014 Fla. App. LEXIS 2371

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 2014

DocketNo. 5D13-2240

StatusPublished

This text of 132 So. 3d 1216 (Leming v. Jenkins) 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

Leming v. Jenkins, 132 So. 3d 1216, 2014 WL 656664, 2014 Fla. App. LEXIS 2371 (Fla. Ct. App. 2014).

Pincite

Opinion

GRIFFIN, J.

Appellant, Amy M. Leming [“Wife”], appeals the trial court’s non-final order denying Wife’s motion to transfer to Tennessee the child custody portion of the dissolution action, which was filed in Florida by her estranged husband, Jody D. Jenkins, based on her contention that Florida is an inconvenient forum. Wife contends that the trial court abused its discretion by denying her motion and, moreover, contends that this denial violated her due process rights.

The trial court denied the motion, filed pursuant to section 61.520, Florida Statutes (2013), after weighing the factors enumerated under that section and finding that Wife had not met her burden to establish that Tennessee is a more appropriate forum for hearing the case. The trial court’s decision to retain jurisdiction over the child-custody determination did not constitute an abuse of discretion.

AFFIRMED.

EVANDER and BERGER, JJ., concur.

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GRIFFIN, J.

Appellant, Amy M. Leming [“Wife”], appeals the trial court’s non-final order denying Wife’s motion to transfer to Tennessee the child custody portion of the dissolution action, which was filed in Florida by her estranged husband, Jody D. Jenkins, based on her contention that Florida is an inconvenient forum. Wife contends that the trial court abused its discretion by denying her motion and, moreover, contends that this denial violated her due process rights.

The trial court denied the motion, filed pursuant to section 61.520, Florida Statutes (2013), after weighing the factors enumerated under that section and finding that Wife had not met her burden to establish that Tennessee is a more appropriate forum for hearing the case. The trial court’s decision to retain jurisdiction over the child-custody determination did not constitute an abuse of discretion.

AFFIRMED.

EVANDER and BERGER, JJ., concur.

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Bluebook (online)

132 So. 3d 1216, 2014 WL 656664, 2014 Fla. App. LEXIS 2371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leming-v-jenkins-fladistctapp-2014.