Lottinger-Serraes v. Serraes

774 So. 2d 959 (2001)

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Lottinger-Serraes v. Serraes

Florida District Court of Appeal
774 So. 2d 959 (2001)

  • Written by Liz Nakamura, JD

Facts

Therese Hirko’s (plaintiff) marriage to Matthew Serraes (defendant) was dissolved in Alachua County, Florida. The final divorce judgment awarded primary residential custody to Hirko, granted Serraes visitation rights, and ordered Serraes to pay child support. After the divorce, Serraes moved to Palm Beach County, and Hirko moved with the child to Mississippi. Serraes filed a petition in Palm Beach County to modify the visitation provisions in the divorce judgment to account for his own move to Palm Beach County and the child’s move to Mississippi. Hirko moved to dismiss or to transfer Serraes’s petition to Alachua County, arguing that Alachua County was the proper venue because the final divorce judgment had been entered in Alachua County. The Palm Beach County trial court granted Hirko’s motion and transferred the action to Alachua County. Serraes then filed a motion in Alachua County to transfer venue back to Palm Beach County, arguing that Alachua County was an inconvenient forum because neither he nor Hirko resided in Alachua County. The Alachua County trial court granted Serraes’s motion and transferred the action back to Palm Beach County. Hirko appealed.

Rule of Law

Issue

Holding and Reasoning (Benton, J.)

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