NANCY WORTH, APPELLANT,
v.
RICHARD C. WORTH, APPELLEE
NANCY WORTH, APPELLANT,
RICHARD C. WORTH, APPELLEE
554 So. 2d 586
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Concluding that jurisdiction is concurrent in both Ohio and Florida, we reverse the trial court’s order determining that it had exclusive jurisdiction. See Newcomb v. Newcomb, 507 So. 2d 1145 (Fla. 3d DCA 1987); Hickey v. Baxter, 461 So. 2d 1364 (Fla. 1st DCA 1984); § 61.1308, Fla.Stat. (1987). Future motions should be considered under the forum non conveniens provisions of the Uniform Child Custody Jurisdiction Act. Genoe v. Genoe, 515 So. 2d 237 (Fla. 4th DCA), review denied, 513 So. 2d 1061 (Fla.1987); § 61.1316, Fla. Stat. (1987).
Reversed and remanded.
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Mirtha Castellvi Alvarez v. Alvarez, 566 So. 2d 516 (Fla. 3d DCA 1990)…on. Our court has acknowledged, in common with other courts which have considered the issue and the comment to the Uniform Act itself, that situations will arise in which states have concurrent jurisdiction under the Act. See, e.g., Worth v. Worth, 554 So. 2d 586 (Fla. 3d DCA 1989); Newcomb v. Newcomb, 507 So. 2d 1145 (Fla. 3d DCA 1987); see also Uniform Child Custody Jurisdiction Act § 3, 9 U.L.A. 144 (1968).2 A major goal of the Act is to eliminate jurisdictional conflict, so that where there is concurrent…
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Berube v. State, 149 So. 3d 1165 (Fla. 2d DCA 2014)…s have employed numerous definitions to describe such a "fundamental” error. It can be an error going to the "heart of the judicial process,” Martinez v. State, 933 So. 2d 1155, 1159 (Fla. 3d DCA 2006), or to the "heart .of the case,” Cruz v. State, 554 So. 2d 586, 587 (Fla. 3d DCA 1989). It can be an error going to the "foundation” of the case or merely to the "merits” of the case. See Abdool v. State, 53 So. 3d 208, 220 (Fla.2010) (quoting Bailey v. State, 998 So. 2d 545, 554 (Fla.2008)); see also Daniels,…
Authorities Cited
- Hickey v. Baxter, 461 So. 2d 1364 (Fla. 1st DCA 1984)
- Newcomb v. Newcomb, 507 So. 2d 1145 (Fla. 3d DCA 1987)
- Genoe v. Violetta Genoe, 515 So. 2d 237 (Fla. 4th DCA 1987)