Burke v. Harrington

BRITT, Judge.

Defendant contends first that the trial court erred in denying him a jury trial. We agree with this contention.

Defendant argues that he properly raised an issue of fact with respect to the validity of the Florida divorce; specifically, that plaintiff was not legally domiciled in Florida at and before the time the divorce action was insitituted and the decree was rendered.

Although a partition proceeding is usually within the jurisdiction of the clerk of the superior court, when “issues of fact” are joined before the clerk, the cause must be transferred to the superior court for…