Divorce and several motions, etc were filed in county where we resided during marriage. She moved 4 hours away with kids and now her lawyer has filed a motion in the county she now lives stating that's the proper venue cause that's where the kids are. Isn't this wrong? Can I just answer with a motion to dismiss for improper venue?

Her lawyer has filed a motion for change of venue? There might be something to it; I would look it up but I have to run now. I will look it up and get back to you.

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Originally Posted by AK lawyer

Her lawyer has filed a motion for change of venue? There might be something to it; I would look it up but I have to run now. I will look it up and get back to you.

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Thank you for prompt reply! He filed a transfer of venue in originating county approx 2 years ago but it wasn't granted. The last thing that happened was we filed an agreement and a final judgment was filed. In the final judgment, the originating county stated it had jurisdiction.

This appears to be the applicable statue on change of venue (from one county in Florida to another):

"47.091 Change of venue; power to grant.—All courts have power and it is their duty to" grant changes of venue as hereinafter provided. The order of transfer shall require the movant or, if the action was initially filed in the improper venue, the initially filing party to pay the filing fee required to file a new action in the court to which the action is moved. The payment of such filing fee shall be considered a transfer fee."

"47.122 Change of venue; convenience of parties or witnesses or in the interest of justice.—For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought."

If, as you indicate in your last post, the lawyer failed to get an order for change of venue, his most recent filing should be stricken. File a motion (in the new action which was filed in the wrong county) to that effect.

In Florida, for reasons I have have not been able to understand despite having been here in Florida for a few years, courts seldom do anything unless somebody asks for a hearing. So ask the judge's office for a hearing date, then serve, and file a notice of hearing.

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Originally Posted by ImInFlorida

T... the originating county stated it had jurisdiction.

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Change of venue isn''t usually about jurisdistion. The courts of either county might well have jurisdisction. As suggested in the above statue, it's about things like the convenience of the parties. In this case, it appears to be a matter of res judicata. The case has already been decided, and cannot be done over, in another county or not.

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Originally Posted by AK lawyer

This appears to be the applicable statue on change of venue (from one county in Florida to another):

"47.091 Change of venue; power to grant.—All courts have power and it is their duty to" grant changes of venue as hereinafter provided. The order of transfer shall require the movant or, if the action was initially filed in the improper venue, the initially filing party to pay the filing fee required to file a new action in the court to which the action is moved. The payment of such filing fee shall be considered a transfer fee."

"47.122 Change of venue; convenience of parties or witnesses or in the interest of justice.—For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought."

If, as you indicate in your last post, the lawyer failed to get an order for change of venue, his most recent filing should be stricken. File a motion (in the new action which was filed in the wrong county) to that effect.

In Florida, for reasons I have have not been able to understand despite having been here in Florida for a few years, courts seldom do anything unless somebody asks for a hearing. So ask the judge's office for a hearing date, then serve, and file a notice of hearing.



Change of venue isn''t usually about jurisdistion. The courts of either county might well have jurisdisction. As suggested in the above statue, it's about things like the convenience of the parties. In this case, it appears to be a matter of res judicata. The case has already been decided, and cannot be done over, in another county or not.

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So I understand correctly, he has to file for a transfer of venue, and have it granted, in the originating county before he can proceed with any other motions anywhere else, correct? And a motion to dismiss is correct? It is very thoughtful of you to share your expertise... you have been very helpful

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Originally Posted by ImInFlorida

So I understand correctly, he has to file for a transfer of venue, and have it granted, in the originating county before he can proceed with any other motions anywhere else, correct? ...

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Yes. That is how I read this from the Florida Civil Rules.

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Originally Posted by AK lawyer

Yes. that is how I read this from the Florida Civil Rules.

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Thank you again! I'll let everyone know how it goes