Goedmakers v. Goedmakers

520 So. 2d 575 (1988)

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Goedmakers v. Goedmakers

Florida Supreme Court
520 So. 2d 575 (1988)

Facts

Harry Goedmakers (defendant) and Ana Goedmakers (plaintiff), a married couple, lived in Broward County, Florida. Harry ran a company in Dade County of which Ana was a majority stockholder. Harry filed for divorce in Dade County; the divorce petition only demanded a dissolution of the marriage, not a division of property. Ana moved to dismiss for improper venue, arguing that Broward County was the proper venue because (1) the parties cohabitated as a married couple in Broward County; and (2) the marriage broke down irretrievably in Broward County, giving rise to the divorce action. Harry countered, arguing that Dade County was an appropriate venue because (a) venue could be set based on the property-in-litigation; and (b) if Harry and Ana could not reach an out-of-court resolution of the property issues, then Harry would amend his divorce petition to demand division of Ana’s stock in the Dade County business. The trial court denied Ana’s motion to dismiss, and the appellate court affirmed. Ana appealed to the Florida Supreme Court, arguing that (1) divorce actions were transitory actions; and (2) venue for transitory actions could not be determined by the location of property-in-litigation.

Rule of Law

Issue

Holding and Reasoning (Barkett, J.)

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