JOHN E. TRUITT, APPELLANT,
v.
ANN MARIE TRUITT, APPELLEE

Fla. 2d DCA | 1996-03-29
No. 94-04058
PARKER, A.C.J., and PATTERSON and FULMER, JJ., concur.
670 So. 2d 1133 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 8 cases

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The incarcerated husband appeals a final judgment of dissolution claiming he was denied due process by not being allowed to attend the final hearing. The trial court held the final hearing without ruling upon the husband’s petition for writ of habeas corpus ad testificandum. We agree that the husband was denied due process in this matter and reverse. The trial court on remand should rule on the husband’s petition for writ of habeas corpus after considering the factors outlined in Conner v. Conner, 590 So. 2d 513 (Fla. 1st DCA 1991). Should the trial court decide not to have the incarcerated husband transported for the final hearing, the trial court may utilize any authorized alternative to the husband’s physical presence which will provide the husband due process. See Little v. Little, 616 So. 2d 1179 (Fla. 1st DCA 1993).

PARKER, A.C.J., and PATTERSON and FULMER, JJ., concur.


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  • State v. Anderson, 905 So. 2d 111 (Fla. 2005)
    …3) (affirming as harmless the denial of a claim of scoresheet calculation error because the record demonstrated that the departure sentence would have been im [*115] posed despite the error), review denied, 873 So. 2d 1223 (Fla.2004); Bell v. State, 670 So. 2d 1133, 1134 (Fla. 2d DCA 1996) (reversing for resentencing “unless the record conclusively demonstrates that the trial court would have given the same sentence had it known the correct score” where the corrected scoresheet fell in a different cell, but th…
  • Johnson v. Shakira Johnson, 992 So. 2d 399 (Fla. 1st DCA 2008)
    …ors prior to denying incarcerated husband’s request to be present at the trial on wife’s petition for dissolution and could not determine whether trial court had considered any alternatives to husband’s physical presence at trial); Truitt v. Truitt, 670 So. 2d 1133, 1133 (Fla. 2d DCA 1996). While no discrete motion was filed here, appellant repeatedly averred in several different filings that he wanted to, but could not, attend the final hearing because of his incarceration. His multiple pro se pleadings, whi…
  • Romero v. State, 805 So. 2d 92 (Fla. 2d DCA 2002)
    …ror could affect the maximum lawful sentence that a judge could impose. At one time, however, such errors were harmful only if the error was sufficient to change the sentencing range to that recommended by a different cell. See, e.g., Bell v. State, 670 So. 2d 1133 (Fla. 2d DCA 1996); Sprankle v. State, 662 So. 2d 736 (Fla. 2d DCA 1995); Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991). The supreme court’s decision in Heggs v. State, 759 So. 2d 620 (Fla.2000), which limits relief for a sentence imposed und…

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