Loffler v. Loffler

District Court of Appeal of Florida

Loffler v. Loffler

620 So. 2d 1048, 1993 Fla. App. LEXIS 6502, 1993 WL 210581

CourtDistrict Court of Appeal of Florida

DecidedJune 18, 1993

DocketNo. 92-1496

StatusPublished

This text of 620 So. 2d 1048 (Loffler v. Loffler) 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

Loffler v. Loffler, 620 So. 2d 1048, 1993 Fla. App. LEXIS 6502, 1993 WL 210581 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Appellant, Peter Loffler, has raised four issues in his appeal from a final judgment of dissolution of marriage. We affirm on all points.

Franklin County Judge Van Russell was acting as a de facto circuit court judge in Leon County and his actions were therefore valid. A timely objection to a de facto judge’s authority is necessary to void his or her acts. Appellant, having failed to object to Judge Russell’s authority, has waived any such objection for appellate purposes. See Stein v. Foster, 557 So.2d 861 (Fla.), cert. denied, 498 U.S. 847, 111 S.Ct. 134, 112 L.Ed.2d 101 (1990); Card v. State, 497 So.2d 1169 (Fla.1986), cert. denied sub nom. Card v. Dugger, 481 U.S. 1059, 107 S.Ct. 2203, 95 L.Ed.2d 858 (1987); McNealy v. State, 549 So.2d 248 (Fla. 5th DCA 1989).

Section 61.021, Florida Statutes (1989), provides that a dissolution may be obtained if “one of the parties to the marriage” has resided six months in the state before the filing of the petition. (Emphasis added.) It is no longer necessary that the petitioner be a resident of the state. Compare § 61.021, Fla.Stat. (1985); Eckel v. Eckel, 522 So.2d 1018, 1020 (Fla. 1st DCA 1988); Gillman v. Gillman, 413 So.2d 412, 413 (Fla. 4th DCA 1982). There was ample corroborating evidence that appellant had been a Florida resident for more than six months prior to the filing of the petition; therefore, jurisdiction was properly invoked.

As for appellant’s remaining points, we find competent, substantial evidence supporting the lower court’s rulings and no abuse of discretion on the part of the trial judge, and therefore

AFFIRM.

ERVIN, ZEHMER and WEBSTER, JJ., concur.

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PER CURIAM.

Appellant, Peter Loffler, has raised four issues in his appeal from a final judgment of dissolution of marriage. We affirm on all points.

Franklin County Judge Van Russell was acting as a de facto circuit court judge in Leon County and his actions were therefore valid. A timely objection to a de facto judge’s authority is necessary to void his or her acts. Appellant, having failed to object to Judge Russell’s authority, has waived any such objection for appellate purposes. See Stein v. Foster, 557 So.2d 861 (Fla.), cert. denied, 498 U.S. 847, 111 S.Ct. 134, 112 L.Ed.2d 101 (1990); Card v. State, 497 So.2d 1169 (Fla.1986), cert. denied sub nom. Card v. Dugger, 481 U.S. 1059, 107 S.Ct. 2203, 95 L.Ed.2d 858 (1987); McNealy v. State, 549 So.2d 248 (Fla. 5th DCA 1989).

Section 61.021, Florida Statutes (1989), provides that a dissolution may be obtained if “one of the parties to the marriage” has resided six months in the state before the filing of the petition. (Emphasis added.) It is no longer necessary that the petitioner be a resident of the state. Compare § 61.021, Fla.Stat. (1985); Eckel v. Eckel, 522 So.2d 1018, 1020 (Fla. 1st DCA 1988); Gillman v. Gillman, 413 So.2d 412, 413 (Fla. 4th DCA 1982). There was ample corroborating evidence that appellant had been a Florida resident for more than six months prior to the filing of the petition; therefore, jurisdiction was properly invoked.

As for appellant’s remaining points, we find competent, substantial evidence supporting the lower court’s rulings and no abuse of discretion on the part of the trial judge, and therefore

AFFIRM.

ERVIN, ZEHMER and WEBSTER, JJ., concur.

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Bluebook (online)

620 So. 2d 1048, 1993 Fla. App. LEXIS 6502, 1993 WL 210581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loffler-v-loffler-fladistctapp-1993.

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