IN RE: the ADOPTION OF J.S.M. (2021)

District Court of Appeal of Florida, Fourth District.

IN RE: the ADOPTION OF J.S.M.

No. 4D21-2309

Decided: October 06, 2021

Rebecca Mercier Vargas, Jane Kreusler-Walsh, and Stephanie L. Serafin of Kreusler-Walsh, Vargas & Serafin, P.A., West Palm Beach, for Prospective Adoptive Parents M.A.G. and W.H.M. Elizabeth R. Berkowitz, Law Office of Elizabeth R. Berkowitz, P.A., North Palm Beach, Adoption Entity, pro se.

In this prospective adoption, the circuit court sua sponte transferred venue to Hernando County, Florida. The court determined “there is no adoption entity” and, as a result, found venue to be improper in Palm Beach County, Florida. But there is an adoption entity and venue is proper “[i]n the county where the adoption entity is located.” § 63.087(2)(a)2., Fla. Stat. (2020). Because the adoption entity is located in Palm Beach County, venue was proper in Palm Beach County, and the court's sua sponte order transferring venue is reversed.

Reversed and remanded.

Per Curiam.

Levine, Forst and Kuntz, JJ., concur.

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