Carroll v. Carroll
Citation | 341 So.2d 771 |
Decision Date | 13 January 1977 |
Docket Number | No. 48495,48495 |
Parties | Vernell CARROLL, Petitioner, v. Glen A. CARROLL, Respondent. |
Court | United States State Supreme Court of Florida |
Wm. Howard LaPorte, Crestview, for petitioner.
W. Paul Thompson of Thompson & Adkinson, Defuniak Springs, for respondent.
This is a petition for writ of certiorari seeking reversal of the decision of the First District Court of Appeal reported at 322 So.2d 53 (Fla.1st DCA 1975). As acknowledged by the First District, that decision conflicts with Arnold v. Arnold, 273 So.2d 405 (Fla.2d DCA 1973). We have jurisdiction. 1
This case involves a dispute over venue in a dissolution of marriage proceeding. On April 8, 1972, respondent and petitioner travelled to alabama to be united in marriage as husband and wife. They returned to Florida and lived in Holmes County for about eight months when petitioner left her husband and moved to Okaloosa County. She remained there for about a year but then rejoined her husband in Holmes County. This second and last attempt to cohabit as husband and wife endured no longer than the first, and petitioner returned to Okaloosa County in July of 1974.
According to petitioner, four days after she resumed residence in Okaloosa County she was visited by her husband who angrily demanded the keys to their automobile. Petitioner yielded, giving the keys to respondent. It was at this point, petitioner contends, that she realized their marriage was irretrievably broken and that she decided to seek its dissolution.
Three months later petitioner filed in Okaloosa County a petition for dissolution of their marriage. Respondent objected to petitioner's choice of forum and filed a 'plea of privilege,' which, as noted by the First District,
The trial judge denied respondent's motion.
Respondent took an interlocutory appeal to the First District Court of Appeal, contending that venue was improper under Section 47.011, Florida Statutes. 2 The issue before the First District was whether the cause of action in this dissolution proceeding arose in Okaloosa County because petitioner alleges that it was in that county their marriage became irretrievably broken. The First District answered in the negative, ruling as follows:
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Knapp v. Knapp, 1D17-2869
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