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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
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Experience:  I provide family and divorce law advice to my clients in my firm.
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Transfer of venue.

Resolved Question:

Dissolution of marriage June 2011 in Florida. Later that year, I filed a supplemental petition. FW's lawyer filed a bunch of motions, one of them being for transfer of venue to a county 4 hours away, one of the reasons he gave was that that is where the children now reside. His motion to transfer was denied and we have the document from court saying it was denied but without judges signature yet because we settled shortly after. Does that mean the denial doesn't count? He's now filed a supplemental petition in the county where she lives. Can we use this document without the judges signature? We filed a motion to dismiss based on improper venue. We also stated in the motion that any future filings should also not be accepted because the case file remains in original county. So, after we filed a motion to dismiss the supplemental petition, he filed 4 motions. THEN, he filed to have our motion to dismiss heard before the general magistrate, but didn't include the other motions he has filed in the request. Do the other motions automatically wait until our motion to dismiss is determined...or are we supposed to file motions to dismiss for the other 4 within the usual 20 days allowed to answers? In the email certificate of service for the 4 motions, it didn't say anything about burden to answer within a specific time frame.

Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you.

A document that is not signed by the judge is not binding. Since you stated that after that order you settled, then the settlement is treated as binding and whatever conditions in that settlement are considered the final agreement between the parties. If the venue concern was not listed, it is a non-issue. You can attempt to use the document as evidence that the parties agreed to a different location, but without the signature the document is really not able to have any binding authority against either of the parties.

The motions are also treated as a 'first come first served' basis--if you filed yours, then that has to be ruled upon before future motions are ruled upon. You still should file motions to dismiss against the other motions if your request is not granted within 20 days, but it may be those motions will end up never being heard. Email certificate of service is not good enough, you have to serve by mail.

Good luck.

Customer: replied 1 year ago.


Thank you Dimitry. So here's what I see on the final settlement...


"The Court has subject matter jurisdiction, personal jurisdiction over the parties and jurisdiction over the parties' minor children.


 


Also, "The Court retains jurisdiction to modify and enforce the provisions of this Judgment in accordance with Florida law."


 


Do these statements mean that he's not supposed to file anywhere else? Or does it mean any court in Florida has jurisdiction?


 


Other question about other motions, we don't have to 'answer' the other motions? I'm just concerned that he'll file a motion to default


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Sherrie. Glad to help!

Technically the language means that the law that governs would be Florida law and it would be based on the court itself, however it does not mean that a change of venue cannot be filed. The courts can grant a change of venue when they can see that the change would be more convenient or efficient for the parties. In that case where the children reside does play a potential role in the court's decision.

You do not have to answer the motions, that is correct, if you do not file a response then the judge will evaluate the motion without contest from you, and could therefore grant (or deny) without any feedback from you and your position.

Good luck.

Customer: replied 1 year ago.

Sorry if I'm confusing and appreciate your patience. :) So, is FW's lawyer supposed to file a transfer of venue BEFORE filing motions in this other county since the case is still open in originating county?


 


I have heard that you can file supplement petitions in other venues/counties, but not motions, is this true? If so, can you direct me to where the law states this so I may present? I have looked under 'venue' in the statutes, and to my understanding, this issue is not addressed, unless I'm not reading it right.


 


I'm stuck on this venue thing cause I'm a full-time student going through an intensive certification program and I can't miss any days or I could be taken out of the program, and lose money. Traveling 4 hours each way would require me to miss school...that's why I'm trying to keep it here.


 


I do not agree with what's in these other motions. So what you're saying is that I should respond? But, if I respond, wouldn't that then move the case there for sure? Wouldn't my motion to dismiss for improper venue apply to subsequent motions filed...or are they all treated separate?


 


Ugh, confusing...and that's just what he (FW's lawyer) is trying to do I'm sure.


 


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Sherrie,

I would be happy to try to clarify.

Sorry if I'm confusing and appreciate your patience. :) So, is FW's lawyer supposed to file a transfer of venue BEFORE filing motions in this other county since the case is still open in originating county?

Yes, he is. He has to seek a transfer first because by filing motions in the other venue, it is arguable that by doing so he has already submitted himself to that court's jurisdiction and is no longer able to seek a change of venue at this time.

 

 

 

I have heard that you can file supplement petitions in other venues/counties, but not motions, is this true? If so, can you direct me to where the law states this so I may present? I have looked under 'venue' in the statutes, and to my understanding, this issue is not addressed, unless I'm not reading it right.

My apologies but I do not have access to Florida rules of civil procedure, which is likely where these concerns would be addressed.

 

 

I'm stuck on this venue thing cause I'm a full-time student going through an intensive certification program and I can't miss any days or I could be taken out of the program, and lose money. Traveling 4 hours each way would require me to miss school...that's why I'm trying to keep it here.
I can understand that---point to the fact that other motions were filed locally and that waives the other party's abilty to seek a change.

 

 

I do not agree with what's in these other motions. So what you're saying is that I should respond? But, if I respond, wouldn't that then move the case there for sure? Wouldn't my motion to dismiss for improper venue apply to subsequent motions filed...or are they all treated separate?

No, it would not, you can respond via 'special appearance' and make it clear in your response that you are not waiving your objections to venue and are simply responding to the specific concerns only that are brought up in those motions.

 

 


Hope that helps.

 

Customer: replied 1 year ago.

Thank you very much Dimitry. I believe I have a plan now!

Expert:  Dimitry K., Esq. replied 1 year ago.

Sherrie,

That sounds great and wish you the best of luck! Please let me know if I can assist in any other way. Otherwise, if satisfied, please do not forget to positively rate my answers so I may obtain credit for my work. Thank you!

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38625
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
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I provide family and divorce law advice to my clients in my firm.