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591 So. 2d 1018

Russo v. Romano

District Court of Appeal of Florida

Decided December 24, 1991

District Court of Appeal of Florida · decided 1991-12-24

Cited by 2 later decisions — most recently August 1993

2 state decisions

Relies on 561 So. 2d 1310 - Torres v. Torres · 546 So. 2d 775 - City of Miami v. Coll

Good law ✅— No negative treatment on recordhow we know

Decided 1991-12-24

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PER CURIAM.

¶1In this action for child custody, we find no abuse of discretion in the trial court’s denial of the mother’s motion to transfer venue to Broward County. With the mother’s consent, the parties had moved, at least temporarily, to Monroe County. It is undisputed that at the time the action was filed, the children were enrolled in Monroe County schools. Although the parties had previously resided in Broward County, the Broward court had never taken jurisdiction over the matter because the parties were unmarried and no custody or dissolution proceedings had been filed in Broward County. Venue, therefore, was not improper in Monroe County. Torres v. Torres, 561 So.2d 1310 (Fla. 3d DCA 1990).

¶2The order granting a temporary injunction prohibiting the mother from visiting her children is defective, however, for failure to comply with the Florida Rules of Civil Procedure. There has been no compliance with rule 1.610(c), which requires that every injunction shall specify the reason for entry. On remand, the court shall take evidence and state reasons if injunctive relief is deemed warranted. City of Miami v. Coll, 546 So.2d 775 (Fla. 3d DCA 1989).

¶3The order denying the motion to transfer venue is affirmed; the order granting a temporary injunction is reversed and the cause is remanded for further consistent proceedings.

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