Legal Opinion · Dissent

In re Guardianship of Mickler

District Court of Appeal of Florida

Decided April 9, 1963No. E-6Published

1DissentWigginton, Judge

I regret the necessity for respectfully dissenting'from the majority opinion rendered by this court.

A study of the record in this case persuades me to the view that the majority has held as a matter of law that jurisdiction and venue are synonymous, and that domicile and residence are likewise synonymous. The terms “jurisdiction”, “venue”, “domicile” and “residence” are words of art, each of which have separate and distinct meanings in the law.

The clear import of the majority opinion is that a guardianship proceeding may be instituted only in the county of the incompetent’s domicile, and if…

2Cases cited1 opinion

  1. In re De HartDistrict Court of Appeal of Florida · 1959

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