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, moved to Ohio for Garry's one-year educational program, leasing their Missouri home and an Ohio apartment for that period. They returned to Missouri after the program, but claimed Ohio citizenship for diversity jurisdiction in their medical malpractice suit against Missouri defendants. The district court dismissed for lack of diversity, finding they never intended to remain in Ohio indefinitely.

Issue

Did the Holmes establish a new domicile in Ohio for diversity jurisdiction purposes, given their temporary move for education and lack of intent to remain indefinitely?

Holding

The court affirmed the dismissal, holding that the Holmes did not establish a new domicile in Ohio because they lacked the requisite intent to remain there indefinitely, having only moved for a temporary educational purpose.

Rule

To change domicile, a person must have physical presence at the new location and an intention to remain there indefinitely, or the absence of any intention to go elsewhere, not merely for a temporary or fixed period.

Read the full opinion on CourtListener

Case brief last reviewed 2026-04-18. Prepared by CaseReader from the published opinion.