GEORGE L. JONES, JR.
v.
MERIEL C. JONES

Fla. 4th DCA | 2020-03-18
No. 19-1519
O'Toole
Florida District Court of Appeal, Fourth District (2020)

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Holding

A trial court must exercise its subject matter jurisdiction to dissolve a marriage when jurisdiction is properly established, notwithstanding a party's earlier objection based on preference for an alternative forum.


Headnotes

[1] A trial court possessed of subject matter jurisdiction over a dissolution of marriage proceeding must exercise that jurisdiction and may not decline to do so based on a p…

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Facts & Procedural History

The husband filed a petition for dissolution of marriage in Florida. The wife objected, asserting she preferred to seek relief in Arizona.…

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Opinion of the Court

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Charles E. Burton, Judge; L.T. Case No. 50-2018-DR-001080-XXXX-SB.

Roger Levine and Amy D. Shield of Shield & Levine, P.A., Boca Raton, for appellant.

Bruce S. Rosenwater of Bruce S. Rosenwater & Associates, P.A., West Palm Beach, for appellee.

CONFESSION OF ERROR PER CURIAM. In this case, the trial court declined to exercise its jurisdiction to dissolve the parties’ marriage consistent with the wife’s objection that she wanted to seek relief in Arizona. The husband appealed. The wife has reconsidered her earlier position and confessed error in this appeal. We reverse the final order dismissing the husband’s amended petition for dissolution of marriage and remand with instructions for the trial court to proceed with the marital dissolution for all aspects over which the trial court has subject matter jurisdiction. Reversed and remanded GROSS, MAY and DAMOORGIAN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.


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