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362 So. 2d 1042

Docket No. 77-1776.

Curran v. Curran

Catherine R. CURRAN, Appellant, v. Charles C. CURRAN, Appellee.

District Court of Appeal of Florida

Decided October 4, 1978.

District Court of Appeal of Florida · decided 1978-10-04

Cited by 6 later decisions — most recently August 2008

6 state decisions

Key passage — most relied on by later courts

“an actual presence in Florida coupled with an intention at that time to make Florida the residence.”

quoted by 2 later decisions, including 988 So. 2d 644 - Marshall v. Marshall, 971 So. 2d 166 - Snyder v. McLeod

Relies on 57 So. 2d 34 - Campbell v. Campbell

Good law ✅— No negative treatment on recordhow we know

Decided 1978-10-04

View the full empirical analysis of this case →

¶1Robert G. Murrell of Sam E. Murrell & Sons, Orlando, for appellant.

¶2DAUKSCH, Judge.

¶3We have on appeal a judgment dissolving a marriage. The question is one of jurisdiction and Section 61.021, Florida Statutes which requires residency.[1]

¶4Appellee was a military serviceman, United States Air Force, stationed in Korea until his discharge in either March, 1975, according to his testimony at trial, or April, 1976, according to his answer to interrogatories. In September, 1975 the appellee filed suit for dissolution of his marriage to appellant. He obtained service of process upon her where she resided in Virginia and she filed her answer.

¶5Appellee alleged he was a Florida resident in his petition for dissolution of marriage. In support of this allegation he testified he came to Florida while in the service and stayed here from March or April 1961 to nearly March of 1962, "excluding TDY."[2] He claimed his official address for residency purposes to be his first ex-wife's Apopka, Florida address. He registered to vote in Orange County, listing that address. He testified he had last been there in 1963. His previous wife testified he had never resided at her address but they had stayed together in a trailer in Orlando.

¶6Without setting out all of the testimony we cite in example that he was a civilian residing in Korea at the time of the trial, living with a lady who is the mother of his child; he has no Florida driver license but has a Virginia license; he entered the service from either New York or Connecticut; he files his income tax returns and does his banking in California; and he and his wife never lived together in Florida but did live together in California.

¶7Based upon his testimony he was in Florida for less than a year in 1961-1962 and *1043 intended to retire to Florida after his discharge from the military, the trial court found jurisdiction.

¶8We must determine the evidence to be insufficient to satisfy the requirements of the residency statute. It is not sufficient to stay in Florida for a short period of time with the intent to come back later and become a permanent resident. As was said in Campbell v. Campbell,57 So.2d 34 (Fla. 1952) there must be an actual presence in Florida coupled with an intention at that time to make Florida his residence.

¶9Judgment REVERSED.

¶10DOWNEY, C.J., and ANSTEAD, J., concur.

NOTES

¶11[1] § 61.021, Fla. Stat.: Residence required. — To obtain a dissolution of marriage the party filing the proceeding must reside 6 months in the state before filing the petition, but this does not affect any suit filed before October 1, 1957.

¶12[2] Temporary duty away from his assigned station.

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