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PITT v. BENZENHAFER

No. 2D02-3876.

843 So.2d 1021 (2003)

Jennifer PITT, Appellant, v. David H. BENZENHAFER, Appellee.

District Court of Appeal of Florida, Second District.

May 2, 2003.

Attorney(s) appearing for the Case

Victor R. Smith of The Smith Law Group, P.A., Lake Alfred, for Appellant.

Cathy L. Lucrezi of Cathy L. Lucrezi, P.A., Fort Myers, for Appellee.

GREEN, OLIVER L., Senior Judge.

Jennifer Pitt (the Former Wife) appeals an order of the Lee County circuit court denying her motion to dismiss or transfer David J. Benzenhafer's (the Former Husband) petition for modification of child custody to Polk County, where the final judgment of dissolution of marriage was entered. Because the court erred in its application of section 61.13(2)(c), Florida Statutes (2001), we reverse.

The parties were divorced pursuant...

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