Mary Ann Holmes and Garry Holmes v. John Sopuch and St. John's Mercy Medical Center, a Corporation
639 F.2d 431 · Court of Appeals for the Eighth Circuit · 1981
Facts
Mary Ann and Garry Holmes, Missouri residents, filed a medical malpractice suit against Missouri defendants, claiming Ohio citizenship for diversity jurisdiction. Garry Holmes moved to Ohio for a one-year educational program, leasing their Missouri home and an Ohio apartment, but intended to return to Missouri after his studies. The district court dismissed the case for lack of diversity jurisdiction, finding they had not changed domicile.
Procedural history
Dr. Sopuch moved to dismiss the lawsuit for lack of diversity jurisdiction. A U.S. Magistrate held an evidentiary hearing, found no diversity, and recommended dismissal. The district court adopted the magistrate's recommendation and dismissed the case, concluding the Holmes did not establish a new domicile in Ohio. The Holmes appealed this dismissal to the present court.
Issue
Did the Holmes establish a new domicile in Ohio by temporarily residing there for educational purposes, thereby creating diversity jurisdiction for their lawsuit?
Holding
The court affirmed the dismissal, finding the Holmes did not establish a new domicile in Ohio because they lacked the requisite intent to remain there indefinitely, thus diversity jurisdiction was absent.
Rule
To establish a change of domicile, a person must have physical presence at the new location coupled with an intention to remain there indefinitely, or the absence of any intention to go elsewhere, not merely for a temporary or fixed period.
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