NICHOLAS JAMES FALABELLA, APPELLANT,
v.
MARCY WILKINS, APPELLEE

Fla. 5th DCA | 1995-06-16
No. 94-2476
HARRIS, C.J., concurs., PETERSON, J., concurs in result only, without opinion.
656 So. 2d 256 Florida District Court of Appeal, Fifth District (1995) Caution
Cited by 24 cases

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Synopsis

In a custody dispute between unmarried parents over their daughter Samantha, the Florida Fifth District Court of Appeal reversed and remanded for a new trial because the trial judge took over sixteen months to enter a written custody order after trial, violating the judicial duty to rule within a reasonable time and potentially compromising the reliability of the decision.


Holding

The court reversed and remanded for a new trial, holding that the sixteen-month delay between trial and entry of the final judgment is indefensible and intolerable in a custody case, violates the judge's duty to rule within a reasonable time, and undermines confidence that the decision was thoughtfully considered, particularly given the appellate court's limited review of domestic cases and the need to ensure the child's best interest was seriously considered.


Headnotes

[1] A delay of over sixteen months between trial and the entry of a written order in a child custody case is indefensible and intolerable.

[2] Prompt disposition is vital in cases where child custody and the best interests of a child are at issue.

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Key Quotes

“We find this type of delay in decision-making in a case involving child custody indefensible and intolerable. If there is any case in which prompt disposition is vital, it is one where custody and the best interest of a child are at issue.”

Establishes the court's holding that the sixteen-month delay is unacceptable in custody cases.

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Facts & Procedural History

Falabella and Wilkins, who were never married, disputed custody of their daughter Samantha. Falabella filed a petition for custody in December 1991. T…

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Opinion of the Court
COBB, Judge.

COBB, Judge.

This case involves a custody dispute between the parties, Falabella and Wilkins, in regard to their daughter, Samantha. The parties were never married. Falabella initially filed this petition for custody in Citrus County in December, 1991. The trial was held on May 18, 1993. The trial judge took the case under advisement, orally pronounced his ruling on July 28, 1994, and ultimately entered a written order granting primary custody to the mother on September 28, 1994 — more than sixteen months after trial. We find this type of delay in decision-making in a case involving child custody indefensible and intolerable. If there is any case in which prompt disposition is vital, it is one where custody and the best interest of a child are at issue.

Florida Rule of Judicial Administration 2.050(f) provides:

DUTY TO RULE WITHIN A REASONABLE TIME.

Every judge has a duty to rule upon and announce an order of judgment on every matter submitted to that judge within a reasonable time. Each judge shall maintain a log of cases under advisement and inform the chief judge of the circuit at the end of each calendar month of each case that has been held under advisement for more than sixty (60) days.

In Polizzi v. Polizzi, 600 So. 2d 490 (Fla. 5th DCA 1992), this court explained that the purpose of Rule 2.050(f) is to allow the trier of fact to recall the testimony and demeanor of the witnesses as well as the dynamics of the trial. In Polizzi, this court granted a new trial because the date of trial and date of entry of the judgment were separated by a long period of time (three months) and because the judgment did not reflect the evidence or the oral pronouncements at trial. In Tunnage v. Bostic, 641 So. 2d 499 (Fla. 4th DCA 1994), the Fourth District reversed a final judgment where seven months had elapsed between the non-jury trial and the final judgment.

In Williams College v. Bourne, 625 So. 2d 913, 914 (Fla. 5th DCA 1993), a case wherein there was a twenty-one month delay between the evidentiary hearing and the court decision, we reversed for rehearing and stated:

The [trial] court has an obligation to litigants not only to hear their cases but also to finally dispose of those cases within a reasonable time. See Rule 2.085(d)(1)(D) and Rule 2.085(a), Rules of Judicial Administration.

Because of the relatively limited nature of appellate review in domestic cases, based upon the parameters set forth in Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980), trial court decisions are afforded greater deference than in other types of situations. Correspondingly, trial courts have a responsibility to render their decisions under circumstances which give no doubt but that the matter was seriously and promptly considered. This is particularly true because in many custody cases the trial court’s decision in favor of either party will be sustainable. To affirm a custody decision orally announced fourteen months after the evidentiary hearing because there is evidence to support the decision (even though there is abundant contrary evidence) deprives the litigants, and most importantly the child, of any assurance that the child’s best interest was thoughtfully considered.

We make no determination in this case as to which parent, if either, should be awarded primary custody of Samantha. Neither has been a model parent. We note that the mother, who has a nomadic lifestyle, has been convicted of cocaine possession and arrested for bad checks and armed robbery. Whether or not these factors were recalled by the trial judge after fourteen months, we have no way of knowing.

REVERSED AND REMANDED FOR NEW TRIAL.

HARRIS, C.J., concurs.

PETERSON, J., concurs in result only, without opinion.


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Citator

Cited By (13 total)

  • McKENZIE v. McKENZIE, 672 So. 2d 48 (Fla. 1st DCA 1996)
    …sposition. Fla.R.Jud.Admin. 2.085(d)(1)(C). The instant case involved a delay in excess of twice what is deemed presumptively reasonable, just in the period between the hearing and final judgment. This requires a new trial. See Falabella v. Wilkins, 656 So. 2d 256 (Fla. 5th DCA 1995) (delay of 14 months between hearing and judgment in a custody case required a new trial to insure that the trial judge recalled and considered the evidence presented at trial); Polizzi v. Polizzi, 600 So. 2d 490 (Fla. 5th DCA 199…
  • Ascontec Consulting, Inc. v. Young, 714 So. 2d 585 (Fla. 3d DCA 1998)
    …rom other districts, Ascontec contends that where there is a lengthy delay between the evidentiary hearing and the entry of the written order, the aggrieved party is entitled to a new evidentiary hearing as a matter of law. See Falabella v. Wilkins, 656 So. 2d 256, 257 (Fla. 5th DCA 1995); Tunnage v. Bostic, 641 So. 2d 499, 500-01 (Fla. 4th DCA 1994); Williams College v. Bourne, 625 So. 2d 913, 914 (Fla. 5th DCA 1993); Polizzi v. Polizzi, 600 So. 2d 490, 491 (Fla. 5th DCA 1992). This issue is not preserved f…
  • Caswell v. Caswell, 674 So. 2d 861 (Fla. 2d DCA 1996)
    …the prompt entry of such judgment in instances where it gives specific directions to one of the attorneys to prepare a judgment after the evidence is in and its decision is made. The Fifth District addressed a similar issue in Falabella v. Wilkins, 656 So. 2d 256 (Fla. 5th DCA 1995). In Falabella,, the trial court entered a written order sixteen months after trial in a custody dispute case. The court held, We find this type of delay in decision-making in a case involving child custody indefensible and intol…

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