Sheppard v. Sheppard, S--457
| Decision Date | 27 November 1973 |
| Docket Number | No. S--457,S--457 |
| Parties | Earl M. SHEPPARD, Jr., Appellant, v. Linda J. Noblet SHEPPARD, Appellee. |
| Court | Florida District Court of Appeals |
James I. Riley, Jacksonville, for appellant.
David A. Hertz, Jacksonville, for appellee.
The sole point posed by this appeal is whether appellant-husband has been a resident of the State of Florida for six months as required by F.S. § 61.021, F.S.A., in order to maintain an action for dissolution of marriage.
In 1954, at the age of four, appellant moved to the State of Florida with his parents. He lived in this state continuously for 14 years until, in 1968 at the age of 18, he enlisted in the Army. At the time appellant enlisted in the Army, he listed his permanent address as Jacksonville at the same location as that occupied by his parents. His parents subsequently moved to Alachua County at which time appellant changed his permanent address with the Army to Alachua County.
Appellant was first assigned by the Army to Ft. Benning, Georgia, for a ten-week training period. During this time he had two weekend passes, which he used to return to the State of Florida to visit his family. His next duty station was Ft. Gordon for a five-month period of time. While at Ft. Gordon he got a pass to come to Florida about every other weekend. From January of 1969 until March of 1970, appellant was stationed in Germany. During this period of time, he flew back to Florida for a 30-day leave. After having completed his tour in Germany, appellant returned to Florida for a 15-day visit with his parents. He next spent an eight-month tour of temporary duty at Ft. Gordon, Georgia, during which time he returned to Florida every weekend or so. While at Ft. Gordon on September 19, 1970 appellant married appellee in Michigan.
Appellee initially lived with appellant's parents in Florida for ten months while appellant continued his temporary duty at Ft. Gordon, and while appellant awaited on-base housing at his next post, Ft. Bragg, North Carolina. Thereafter appellee joined appellant at Ft. Bragg and the couple returned to Florida about once a month. From September, 1971, until June 12, 1972, appellant served a tour of duty in Vietnam. Appellee spent the first month of this time with appellant's parents in Florida and then joined her parents in Michigan. Appellant was injured in Vietnam and was returned by the Army to the Jacksonville Naval Hospital. Appellee flew to Jacksonville and the couple lived in a rented room with appellant's sister until the...
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McDougald v. Jenson, MCA 84-2030-RV.
...is deemed to mean both residence and domicile. Jefferies v. Jefferies, 133 So.2d 751 (Fla. 3d D.C. A.1961); Sheppard v. Sheppard, 286 So.2d 37 (Fla. 1st D.C.A.1973); Gillman v. Gillman, 413 So.2d 412 (Fla. 4th D.C.A.1982). A distinction between "legal residence" and "actual residence" is so......
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Coons v. Coons, 1D99-2659.
...of dissolution. Eckel v. Eckel, 522 So.2d 1018, 1020 (Fla. 1st DCA 1988); see Cruickshank, 420 So.2d at 914; Sheppard v. Sheppard, 286 So.2d 37 (Fla. 1st DCA 1973). Although physical or actual presence in the state is excused under these circumstances, concurrent intent to be a permanent Fl......
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Gordon v. Gordon, 78-1020
...75 So.2d 282 (Fla.1954); and Minick v. Minick, 111 Fla. 469, 149 So. 483 (1933). The wife relies upon the holdings in Sheppard v. Sheppard, 286 So.2d 37 (Fla. 1st DCA 1973); and Jeffries v. Jeffries, 133 So.2d 751 (Fla. 3d DCA 1961), for her position that she did not lose her Florida reside......
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Eckel v. Eckel, 87-485
...to the filing of their petitions of dissolution. See Cruickshank v. Cruickshank, 420 So.2d 914 (Fla. 1st DCA 1982); Sheppard v. Sheppard, 286 So.2d 37 (Fla. 1st DCA 1973). In Cruickshank, the husband, a colonel in the Air Force, was assigned to Eglin Air Force Base in Okaloosa County, Flori......