Tokan v. Tokan

District Court of Appeal of Florida

Tokan v. Tokan

373 So. 2d 955, 1979 Fla. App. LEXIS 15548

CourtDistrict Court of Appeal of Florida

DecidedAugust 7, 1979

DocketNo. 79-1054

StatusPublished

Cited by1 cases

This text of 373 So. 2d 955 (Tokan v. Tokan) 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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Tokan v. Tokan, 373 So. 2d 955, 1979 Fla. App. LEXIS 15548 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

This interlocutory appeal, authorized by Florida Rule of Appellate Procedure 9.130(a)(3)(A), brings for review an order denying the respondent wife’s motion challenging venue.

The parties were married in Dade County, Florida. Marital differences arose, with the wife leaving the husband and moving to Orange County, Florida. The husband followed her and the martial relationship was resumed. After some months, when differences arose again, the wife moved to Bre-vard County, Florida. The husband returned to Dade County and began proceedings for dissolution of the marriage. The wife moved to dismiss or abate the proceedings, the trial judge denied the motion, and this appeal followed. We reverse upon authority of Carroll v. Carroll, 341 So.2d 771 (Fla.1977).

The Carroll case holds that in a marriage dissolution proceeding, venue arises in that county where the husband and wife last lived with a common intention to remain married. The husband’s contention that Dade County meets this test is untenable because it appears without conflict that the parties both left Dade County, although separately, and thereafter lived as husband and wife in Orange County for several months.

Therefore, the order denying the motion is reversed and the cause remanded to the trial court with directions (a) to consider the motion as one to transfer the cause pursuant to Florida Rule of Civil Procedure 1.060, and (b) to grant the motion to transfer.

Reversed with directions.

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PER CURIAM.

This interlocutory appeal, authorized by Florida Rule of Appellate Procedure 9.130(a)(3)(A), brings for review an order denying the respondent wife’s motion challenging venue.

The parties were married in Dade County, Florida. Marital differences arose, with the wife leaving the husband and moving to Orange County, Florida. The husband followed her and the martial relationship was resumed. After some months, when differences arose again, the wife moved to Bre-vard County, Florida. The husband returned to Dade County and began proceedings for dissolution of the marriage. The wife moved to dismiss or abate the proceedings, the trial judge denied the motion, and this appeal followed. We reverse upon authority of Carroll v. Carroll, 341 So.2d 771 (Fla.1977).

The Carroll case holds that in a marriage dissolution proceeding, venue arises in that county where the husband and wife last lived with a common intention to remain married. The husband’s contention that Dade County meets this test is untenable because it appears without conflict that the parties both left Dade County, although separately, and thereafter lived as husband and wife in Orange County for several months.

Therefore, the order denying the motion is reversed and the cause remanded to the trial court with directions (a) to consider the motion as one to transfer the cause pursuant to Florida Rule of Civil Procedure 1.060, and (b) to grant the motion to transfer.

Reversed with directions.

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373 So. 2d 955, 1979 Fla. App. LEXIS 15548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tokan-v-tokan-fladistctapp-1979.

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