WILLIAM C. LITTLE, APPELLANT,
v.
BEVERLY D. LITTLE, APPELLEE
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William Little appealed a dissolution of marriage judgment, contending the trial court erred by dissolving the marriage despite a pending motion in Baker County and by summarily denying his motion to appear at the final hearing. The appellate court reversed and remanded, holding that while the Nassau County court properly exercised jurisdiction, the trial court erred by failing to consider required factors before denying the incarcerated husband's motion to attend the dissolution hearing.
The court held that while the Nassau County court correctly exercised jurisdiction under the mailbox rule (the Baker County petition was not properly filed), the Nassau County court erred by summarily denying the husband's motion to appear at the hearing without considering the statutory factors and alternatives to physical presence required by precedent.
[1] A pending dissolution petition in one county does not automatically divest another county's circuit court of jurisdiction, especially when the filing in the first county…
[2] The mailbox rule, which deems a pro se inmate's filing effective upon relinquishment to state agents, does not divest a court of jurisdiction without notice.
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Join FLexlaw to unlock all legal intelligence“the mailbox rule cannot, without notice, invoke the jurisdiction of one court while divesting another court of jurisdiction”
Establishes the limitation on the mailbox rule—it does not allow an inmate to divest one court of jurisdiction while invoking another's without proper notice.
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Join FLexlaw to unlock all legal intelligenceBeverly Little filed a petition for dissolution in Nassau County in January 1991, asserting no marital assets or debts. William Little, an incarcerate…
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PER CURIAM.
This cause is before us on appeal from a final judgment of dissolution. Appellant contends that: (1) the trial court erred in dissolving the marriage when there was a pending motion in the Baker County Circuit Court; and (2) the trial court erred in failing to rule on his motion to appear at the final hearing.
On January 24, 1991, Beverly Little filed a petition for dissolution of marriage (Nassau County petition), alleging that the marriage was irretrievably broken. The wife asserted that the parties did not accumulate any marital assets or debts.
On February 22, 1991, William Little, a prisoner, filed an answer to the petition, asserting that the wife’s petition was void because he had previously filed a petition for dissolution in the Baker County Circuit Court (Baker County petition). Additionally, the husband asserted that the parties had incurred marital debts. The husband attached a copy of the Baker County peti tion to the answer. Although the Baker County petition is notarized, there is no stamp indicating that it has been filed in the Baker County Circuit Court.
On April 29, 1991, the wife filed a motion to strike all statements in the husband’s answer dealing with the alleged Baker County petition. The wife asserted that “no action involving the parties or their marriage has been filed in Baker County, nor is an action between the parties pending in Baker County at this time.”
On May 7, 1991, the husband filed a petition for writ of habeas corpus ad testifi-candum, requesting that he be present at the nonjury trial on the petition for dissolution. On May 13, 1991, the trial court summarily denied the husband’s petition for writ of habeas corpus ad testificandum. On May 28, 1991, the Nassau County Circuit Court dissolved the parties’ marriage.
In Haag v. State, 591 So. 2d 614 (Fla.1992), the Florida Supreme Court adopted the “mailbox rule” for pro se petitioners who are incarcerated. Under the mailbox rule, a petition filed by a pro se inmate is deemed filed at the moment in time when the inmate loses control over the document by entrusting its further delivery or processing to agents of the State. However, the mailbox rule cannot, without notice, invoke the jurisdiction of one court while divesting another court of jurisdiction. Therefore, the Nassau County Circuit Court correctly exercised jurisdiction.
However, the Nassau County Circuit Court erred in summarily denying appellant’s motion to appear at the final hearing. In Conner v. Conner, 590 So. 2d 513 (Fla. 1st DCA 1991), this court held that a trial judge may determine not to have an inmate transported for attendance at a civil proceeding only after considering the following factors: (1) the risk and danger of escape; (2) the need for expedited disposition of the case; (3) costs to the State and defense; (4) inconvenience to the State, defense, and court; (5) security precautions; (6) the availability of transportation without court order; (7) the nature of the hearing; (8) the recommendations, policies, and standard procedures of the Department of Corrections; (9) whether oral argument is generally accorded others without motion; (10) the impact of court-ordered transportation and lodging on the State and sheriff; and (11) any other relevant factors.
Because there is no transcript of the proceeding below, this court cannot determine whether the trial court considered the factors listed above or alternatives to appellant’s physical presence as discussed in Gosby v. Third Judicial Circuit, 586 So. 2d 1056 (Fla.1991). Therefore, the judgment must be reversed and the cause remanded with directions to the trial court to consider such factors or any of the authorized alternatives to appellant’s physical presence.
Accordingly, the judgment is reversed and remanded for proceedings consistent herewith.
BOOTH, SMITH and MINER, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Waugh v. Caren Waugh, 679 So. 2d 1 (Fla. 2d DCA 1996)…cape, need for expedited disposition, costs, inconvenience, security precautions, the nature of the hearing, impact of court ordered transportation on the state and the correctional agencies involved and any other relevant factors. Little v. Little, 616 So. 2d 1179 (Fla. 1st DCA 1993). See also Brown v. Sheriff of Broward County Jail, 602 So. 2d 88 (Fla. 4th DCA 1987). “Moreover, as alternatives to ordering an inmate’s physical presence at a proceeding, the trial court may properly consider conducting the hear…
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Johnson v. Shakira Johnson, 992 So. 2d 399 (Fla. 1st DCA 2008)…roceeding, the trial court may properly consider conducting the hearing by telephone, or permitting the taking of the inmate’s deposition pursuant to the various methods afforded by the Florida Rules of Civil Procedure.”); see also Little v. Little, 616 So. 2d 1179, 1180 (Fla. 1st DCA 1993) (reversing final judgment of dissolution because appellate court could not determine whether trial court had considered the necessary factors prior to denying incarcerated husband’s request to be present at the trial on wif…
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Hett v. Madison Mut. Ins. Co., Inc., 621 So. 2d 764 (Fla. 2d DCA 1993)…e unique benefit of what is referred to as the "mailbox rule.” Under that rule, a pleading is deemed filed when the inmate turns the document over to agents of the state for processing. See Haag v. State, 591 So. 2d 614 (Fla.1992); Little v. Little, 616 So. 2d 1179 (Fla. 1st DCA 1993). In cases as such this, it is necessary for the trial court to hold an evidentiary hearing to determine if the complaint was in fact delivered by the inmate to the agents of the state within the applicable statute of limitations.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Thurston McCLAIN, 591 So. 2d 614 (Fla. 1992)
- Haag v. State, 591 So. 2d 614 (Fla. 1992)
- Gosby v. Third Judicial Circuit, 586 So. 2d 1056 (Fla. 1991)
- Conner v. Conner, 590 So. 2d 513 (Fla. 1st DCA 1991)