Robbins v. Robbins

District Court of Appeal of Florida

Robbins v. Robbins

526 So. 2d 1053, 13 Fla. L. Weekly 1456, 1988 Fla. App. LEXIS 2559, 1988 WL 62015

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 1988

DocketNo. 88-950

StatusPublished

Cited by1 cases

This text of 526 So. 2d 1053 (Robbins v. Robbins) 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.

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Robbins v. Robbins, 526 So. 2d 1053, 13 Fla. L. Weekly 1456, 1988 Fla. App. LEXIS 2559, 1988 WL 62015 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The order under review which transferred to Broward County this action to modify a 1984 final judgment of dissolution solely because the dissolution was entered in Broward County is reversed upon a holding that (1) under Section 61.14(1), Florida Statutes (1987), the appellant-wife, being, without dispute, a long-term resident of Dade County when she filed her modification action, was entitled to bring the action in the county of her residence, notwithstanding that venue was also proper in the county where the order sought to be modified was entered, Torres v. Torres, 516 So.2d 11 (Fla. 5th DCA 1987); Carr v. Carr, 489 So.2d 889 (Fla. 1st DCA 1986); Sikes v. Sikes, 286 So.2d 210 (Fla. 1st DCA 1973); Stewart v. Carr, 218 So.2d 525 (Fla. 2d DCA 1969); and (2) apart from the showing that the dissolution was entered in Broward County, where the appellee-hus-band resides — facts legally insufficient to defeat the wife’s choice of Dade County as the venue for her motion to modify — there are no other facts shown on this record to establish that Dade County is, as urged by the husband, a forum non conveniens.

Reversed and remanded.

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PER CURIAM.

The order under review which transferred to Broward County this action to modify a 1984 final judgment of dissolution solely because the dissolution was entered in Broward County is reversed upon a holding that (1) under Section 61.14(1), Florida Statutes (1987), the appellant-wife, being, without dispute, a long-term resident of Dade County when she filed her modification action, was entitled to bring the action in the county of her residence, notwithstanding that venue was also proper in the county where the order sought to be modified was entered, Torres v. Torres, 516 So.2d 11 (Fla. 5th DCA 1987); Carr v. Carr, 489 So.2d 889 (Fla. 1st DCA 1986); Sikes v. Sikes, 286 So.2d 210 (Fla. 1st DCA 1973); Stewart v. Carr, 218 So.2d 525 (Fla. 2d DCA 1969); and (2) apart from the showing that the dissolution was entered in Broward County, where the appellee-hus-band resides — facts legally insufficient to defeat the wife’s choice of Dade County as the venue for her motion to modify — there are no other facts shown on this record to establish that Dade County is, as urged by the husband, a forum non conveniens.

Reversed and remanded.

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Bluebook (online)

526 So. 2d 1053, 13 Fla. L. Weekly 1456, 1988 Fla. App. LEXIS 2559, 1988 WL 62015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robbins-v-robbins-fladistctapp-1988.

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