Russo v. Romano

District Court of Appeal of Florida

Russo v. Romano

591 So. 2d 1018, 1991 Fla. App. LEXIS 12731, 1991 WL 272719

CourtDistrict Court of Appeal of Florida

DecidedDecember 24, 1991

DocketNos. 91-1865, 91-2122

StatusPublished

Cited by2 cases

This text of 591 So. 2d 1018 (Russo v. Romano) 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

Russo v. Romano, 591 So. 2d 1018, 1991 Fla. App. LEXIS 12731, 1991 WL 272719 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

In this action for child custody, we find no abuse of discretion in the trial court’s denial of the mother’s motion to transfer venue to Broward County. With the mother’s consent, the parties had moved, at least temporarily, to Monroe County. It is undisputed that at the time the action was filed, the children were enrolled in Monroe County schools. Although the parties had previously resided in Broward County, the Broward court had never taken jurisdiction over the matter because the parties were unmarried and no custody or dissolution proceedings had been filed in Broward County. Venue, therefore, was not improper in Monroe County. Torres v. Torres, 561 So.2d 1310 (Fla. 3d DCA 1990).

The order granting a temporary injunction prohibiting the mother from visiting her children is defective, however, for failure to comply with the Florida Rules of Civil Procedure. There has been no compliance with rule 1.610(c), which requires that every injunction shall specify the reason for entry. On remand, the court shall take evidence and state reasons if injunctive relief is deemed warranted. City of Miami v. Coll, 546 So.2d 775 (Fla. 3d DCA 1989).

The order denying the motion to transfer venue is affirmed; the order granting a temporary injunction is reversed and the cause is remanded for further consistent proceedings.

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PER CURIAM.

In this action for child custody, we find no abuse of discretion in the trial court’s denial of the mother’s motion to transfer venue to Broward County. With the mother’s consent, the parties had moved, at least temporarily, to Monroe County. It is undisputed that at the time the action was filed, the children were enrolled in Monroe County schools. Although the parties had previously resided in Broward County, the Broward court had never taken jurisdiction over the matter because the parties were unmarried and no custody or dissolution proceedings had been filed in Broward County. Venue, therefore, was not improper in Monroe County. Torres v. Torres, 561 So.2d 1310 (Fla. 3d DCA 1990).

The order granting a temporary injunction prohibiting the mother from visiting her children is defective, however, for failure to comply with the Florida Rules of Civil Procedure. There has been no compliance with rule 1.610(c), which requires that every injunction shall specify the reason for entry. On remand, the court shall take evidence and state reasons if injunctive relief is deemed warranted. City of Miami v. Coll, 546 So.2d 775 (Fla. 3d DCA 1989).

The order denying the motion to transfer venue is affirmed; the order granting a temporary injunction is reversed and the cause is remanded for further consistent proceedings.

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Bluebook (online)

591 So. 2d 1018, 1991 Fla. App. LEXIS 12731, 1991 WL 272719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russo-v-romano-fladistctapp-1991.

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