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KEMPER v. KEMPER

No. 5D01-1669.

807 So.2d 711 (2002)

Kelli R. KEMPER, Appellant, v. Max KEMPER, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 28, 2002.

Attorney(s) appearing for the Case

Linda Logan Bryan of Miller, Shine & Bryan, P.A., St. Augustine, for Appellant.

Lyman T. Fletcher and Jeffrey A. Conner of Fletcher & Conner, Jacksonville, for Appellee.

PETERSON, J.

Kelli R. Kemper, a Tennessee resident, appeals the dismissal of her petition for modification of custody of a minor for lack of subject matter jurisdiction. The parties' marriage had been dissolved in Florida. As part of this dissolution, and by agreement of the parties, the husband acquired primary residential custody of the child. The court below determined that Florida courts lost jurisdiction to entertain Kelli's current petition because neither the...

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