ALLAN EUGENE JOHNSON, PETITIONER,
v.
PHYLLIS ELAINE JOHNSON, RESPONDENT
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Florida appellate court granted mandamus to compel trial court to permit an incarcerated party to participate in a dissolution of marriage final hearing by telephone rather than requiring physical transportation.
A trial court must normally grant an incarcerated party's request to participate in civil hearings by telephone pursuant to Florida Rule of Judicial Administration 2.071 as an alternative to requiring state transportation.
[1] An incarcerated party in a civil matter is ordinarily entitled to conduct necessary hearings by telephone pursuant to Florida Rule of Judicial Administration 2.071 rather…
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Join FLexlaw to unlock all legal intelligencePetitioner, an inmate in the Florida corrections system, sought to dissolve his marriage and requested that the final hearing be conducted by telephon…
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PER CURIAM.
Petitioner, an inmate in the Florida corrections system, seeks a writ of mandamus to compel the trial court to hold a final hearing, and then to render a final judgment, in a dissolution of marriage action.
It appears that a default has been entered against the wife. According to petitioner, he filed a motion to schedule the final hearing as a telephonic hearing, but the trial court denied the motion, noting that sworn testimony is necessary to dissolve a marriage. The trial court apparently also declined to order that petitioner be transported so that he might attend the final hearing. We conclude that petitioner is entitled to relief. When a party is incarcerated and cannot physically appear in a civil matter, the trial court normally should grant a request to hold necessary hearings by telephone, pursuant to the procedure outlined in Florida Rule of Judicial Administration 2.071, as an alternative to requiring that the inmate be transported to the hearing by the state. See, e.g., Gosby v. Third Judicial Circuit, 586 So. 2d 1056 (Fla.1991); Vaughan v. Vaughan, 767 So. 2d 614 (Fla. 5th DCA 2000); Waugh v. Waugh, 679 So. 2d 1 (Fla. 2d DCA 1996); Conner v. Conner, 590 So. 2d 518 (Fla. 1st DCA 1991).
We grant the petition for a writ of mandamus. On remand, the trial court shall set the cause for final hearing, and permit the hearing to take place by telephone.
PETITION FOR WRIT OF MANDAMUS GRANTED.
MINER, KAHN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. Shakira Johnson, 992 So. 2d 399 (Fla. 1st DCA 2008)…necessary hearings by telephone, pursuant to the procedure outlined in Florida Rule of Judicial Administration 2.071 [now 2.530], as an alternative to requiring that the inmate be transported to the hearing [*402] by the state.” Johnson v. Johnson, 783 So. 2d 326, 327 (Fla. 1st DCA 2001) (granting incarcerated husband mandamus relief where trial court denied husband’s request to attend final dissolution of marriage hearing telephonically); Corn v. Blackmon, 802 So. 2d 1176, 1177 (Fla. 1st DCA 2001) (holding…
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Alfonso v. Alfonso, 823 So. 2d 261 (Fla. 3d DCA 2002)…d support, marital debts, medical insurance, and attorneys’ fees and costs. Although, Ralph was not given an opportunity to appear at the final hearing, in person or telephonically, he never made such a request in this case. See Johnson v. Johnson, 783 So. 2d 326 (Fla. 1st DCA 2001)(when a party is incarcerated and cannot physically appear in a civil matter, the trial court should grant a request to hold necessary hearings by telephone); Waugh v. Waugh, 679 So. 2d 1, 2 (Fla. 2d DCA 1996) (incarcerated husban…
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Butler v. Shakeria Norton, 158 So. 3d 750 (Fla. 1st DCA 2015)…to hold necessary hearings by telephone, pursuant to the procedure outlined in Florida Rule of Judicial Administration 2.071 [now 2.530], as an alternative to requiring that the inmate be transported to the hearing by the state.” Johnson v. Johnson, 783 So. 2d 326, 327 (Fla. 1st DCA 2001). Importantly, the Department of Corrections requires institutional staff to initiate all such telephone calls. See Fla. Admin. Code. R. 33-602.205(8)(b). It is reasonable to infer from this directive that institutional staff…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gosby v. Third Judicial Circuit, 586 So. 2d 1056 (Fla. 1991)
- Amparo Alvarez v. Kendall Assocs. & Cont'l Ins. Co., 590 So. 2d 518 (Fla. 3d DCA 1991)
- Dawson-Knapp v. State, 679 So. 2d 1 (Fla. 2d DCA 1995)
- Waugh v. Caren Waugh, 679 So. 2d 1 (Fla. 2d DCA 1996)
- Vaughan v. Ada Lynn Vaughan, 767 So. 2d 614 (Fla. 5th DCA 2000)
- Smith v. State, 767 So. 2d 614 (Fla. 5th DCA 2000)