HomeMy WebLinkAbout0646 1;
50129 ,
f
' ~N CIRCUIT COURT, NINETEENTH
JUDICIAL CIRCUIT, IN AND FOR
. ST. LUCIE COUNTY, FLORIDA. ~
CASE N0. 76-1005 r^R
IN RE: The Marriage of
DENNIS A. PADGETT, Husband, ~
and _
I
JOANN PADGETT, Wife. '
ORDER
After due notice by or to all parties affected, on
October 8, 1980, a hearing was held before the Court on the
Motion for Modification of Custody Order of February 14, 1979, !
- i
! filed herein by the Wife, JOANN PADGETT, and the Motion to
Dismiss and Petition for Writ of Habeas Corpus filed herein. R
' by the Husband, DENNIS A. PADGETT. Having heard the argument
~ ~ i
of counsel and evidence presented, the Court determines ~
i
as a matter of law that the State of Florida was not the
"Home State" of JOHN PADGETT, minor child of the Parties,
at the time of the filing of the Wife's Motion for Modification, E
i
nor six (6) months prior thereto, .but rather the .State of
f
~ Missouri was his "Home State" and consequently pursuant to ;
§61.1308(1)(a) this Court does not have 'urisdiction to
~ ! ~
~
entertain the Wife's Motion for Modification of the previous
~ E~ Order of this Court dated February 14, 1979, with respect to
! ~ i the custody of JOHN PADGETT; accordingly, it is
ORDERED AND ADJUDGED that the Wife's Motion for '
Modification with respect to the custody of JOHN PADGETT is
i~ _ - ~
denied and the Husband's Motion to Dismiss said Motion for
.I
Il= Modification on the grounds that this Court lacks jurisdicti~¢n
- !
i1 is granted; - y
y i
IT IS FURTHER ORDERED AND ADJUDGED that the Husband's
Petition f i i
~ ~ or Wr t of Habeas Corpus is granted. The Wife,
i~ JOANN PADGETT, shall, within days of the date
~ -
~ '
t
j
!
~ , URry~~
S~ c~t1 PAGE ~s
I . _ i