Opinion

Brown v. Taylor

  • 889 So. 2d 1016
  • 2005 Fla. App. LEXIS 10
  • 2005 WL 17403
Court
District Court of Appeal of Florida
Filed
Jan 5, 2005
Status
Published
Author
Northcutt
On the bench
Northcutt, Stringer, Wallace
Cited by
0 cases
Authority
More cited than 1.0%

The opinion

NORTHCUTT, Judge.

Aston Brown appeals a final judgment annulling his marriage to Evelyn Taylor. Brown argues that annulment was improper because the parties had consummated the marriage. We agree and reverse.

According to the record before this court, Taylor and Brown were married on September 14, 2002. About six months later, Taylor filed a petition for annulment alleging that Brown fraudulently induced her to marry. But it is undisputed that the parties consummated their marriage. A marriage that has been consummated cannot be annulled for fraud. Adler v. Adler, 805 So.2d 952 (Fla. 2d DCA 2001). Accordingly, we reverse the annulment and remand for proceedings on the alter *1017 native count for dissolution of marriage, as pleaded in Taylor’s amended complaint.

Reversed and remanded.

STRINGER and WALLACE, JJ., Concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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