Stine v. Moore
213 F.2d 446 · Court of Appeals for the Fifth Circuit · 1954
Facts
A plaintiff, a citizen of Louisiana, filed an action for damages for an alleged breach of a land rental contract against a defendant. The plaintiff's complaint alleged the defendant was a citizen of Texas, but the defendant countered that he was a citizen of Louisiana, residing in the same parish as the plaintiff. The defendant had moved from Orange, Texas, where he had lived until 1947, to Gum Cove plantation in Cameron Parish, Louisiana, in 1947. He maintained some ties to Texas, such as voting and owning property, but testified he moved to Louisiana with the bona fide intention of remaining there permanently on a doctor's advice.
Procedural history
The plaintiff initiated an action for damages in the court below. The defendant moved to dismiss the case, challenging diversity of citizenship by asserting he was a Louisiana citizen. The lower court sustained the motion to dismiss, finding ample evidence that the defendant was a citizen of Louisiana, and entered judgment accordingly. This appeal was then taken from that judgment.
Issue
Did the defendant's move and subsequent actions establish a change of domicile from Texas to Louisiana, thereby destroying diversity of citizenship and federal jurisdiction?
Holding
The court held that the defendant had established a bona fide change of domicile from Texas to Louisiana, affirming the dismissal of the case for lack of diversity jurisdiction.
Rule
For federal diversity jurisdiction, citizenship is equivalent to domicile, which requires permanent residence in a state with the intention of remaining there. A change of domicile demands both residence in fact and a bona fide intention to make that place one's home permanently. While words can be evidence, the actual fact of residence and a real intention to remain, as disclosed by one's entire course of conduct, are the controlling factors. The burden of proving diversity jurisdiction is on the plaintiff, but if a former domicile is shown, the burden shifts to the defendant to prove a change.
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