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339 So. 2d 250

Docket No. 75-1189.

Simpson v. Simpson

Hazel Ruth SIMPSON, Appellant, v. Leonard Buford SIMPSON, Appellee.

District Court of Appeal of Florida

Decided November 3, 1976.

Rehearing Denied December 9, 1976.

District Court of Appeal of Florida · decided 1976-11-03

Relies on 287 So. 2d 722 - Bowers v. Bowers

Good law ✅— No negative treatment on recordhow we know

Decided 1976-11-03

How this case has been cited

Cited by 5 later decisions — most recently January 1997

4 state decisions

20197619801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Ronald J. Hoffer, of Hoffer & Sheffey, Zephyrhills, for appellant.

¶2William F. Brewton, of Brewton & Council, Dade City, for appellee.

¶3PER CURIAM.

¶4Appellant/wife timely appeals from an order dismissing her petition for dissolution of marriage. The trial court found that the wife had not resided in this state for six months immediately preceding the filing of her petition and that the appellee/husband was a resident of the State of Ohio.

¶5The record on appeal does not include a transcript of the hearing on appellant's petition. The record does include the statements made on February 20, 1976 by the trial judge who presided at that hearing stating his recollection of the testimony and findings of fact. The judge stated at that time that

[a]s a matter of law, I don't think the husband and wife can live together and have — can maintain separate residences.

¶6While this is a correct statement of the common law rule it is no longer the law in Florida, and the trial court applied an incorrect principle of law. Residence of a wife does not necessarily follow that of her husband but is to be determined according to the facts pertinent to her as an individual. See, e.g., Bowers v. Bowers,287 So.2d 722 (Fla. 1st DCA 1973).

¶7REVERSED and REMANDED for further appropriate proceedings.

¶8HOBSON, A.C.J., and BOARDMAN and SCHEB, JJ., concur.

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