Carr v. Carr
Docket: No. BI-475
Court: District Court of Appeal of Florida; June 13, 1986; Florida; State Appellate Court
The appellate court reversed a non-final order from a lower court that granted the former husband’s motion to abate venue from Leon County to Gulf County, Florida. The former wife had petitioned in Leon County to establish a Georgia divorce decree as a Florida judgment and sought to modify or increase child support due to changed circumstances since the original decree and stipulation in 1975. The lower court based its decision on the husband’s residency in Gulf County and incorrectly applied Section 47.011 of the Florida Statutes, relying on a prior case (Carr v. Carr, 464 So.2d 221) involving the same parties. In that earlier case, the court determined that Section 47.011 applied when there was no modification of support at issue. However, this case involved a modification of child support, which is governed by Section 61.14. The appellate court clarified that Section 61.14 applies to actions establishing and modifying foreign divorce decrees regarding support obligations, and venue is appropriate in the county where either party resides. Since the appellant resided in Leon County, the court held that venue was proper there and reversed the lower court's decision to transfer the venue. The court also referenced Stewart v. Carr, which supports the application of Section 61.14 in these circumstances. In conclusion, the appellate court ruled that the venue for the modification of child support should remain in Leon County, where the appellant resides.