STATE OF FLORIDA, APPELLANT,
v.
KEITH DWAYNE HEAD, APPELLEE
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Florida appeals a trial court's dismissal of its petition to involuntarily commit Keith Dwayne Head as a sexually violent predator under the Jimmy Ryce Act. The appellate court reverses and remands because the trial court lacked guidance from subsequent Florida Supreme Court decisions establishing that dismissals in such cases should be without prejudice absent demonstration of prejudice to the respondent.
The dismissal order is reversed and remanded for further proceedings. The appellate court held that absent a demonstration of prejudice to the respondent, a dismissal of a Ryce Act petition should be without prejudice, allowing the State to refile subject to applicable statutory time limitations.
[1] A dismissal of a petition with prejudice terminates the case on procedural grounds, divesting the circuit court of jurisdiction.
[2] Absent a demonstration of prejudice to the respondent, the dismissal of a sexually violent predator petition should be without prejudice.
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Establishes the significance of whether dismissal is with or without prejudice in Ryce Act cases
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Join FLexlaw to unlock all legal intelligenceThe State filed a petition for involuntary commitment of Keith Dwayne Head as a sexually violent predator under the Jimmy Ryce Act. The trial court is…
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BROWNING, J.
This an appeal of the trial court’s January 7, 2005, nunc pro tunc, April 16, 2004, order dismissing the State’s petition for involuntary commitment of Keith Dwayne Head as a sexually violent predator under the Jimmy Ryce Act. Although the challenged order does not expressly indicate whether the dismissal is with, or without, prejudice, the State concluded “it is apparent that the trial court’s intention was that the State would be unable to refile,” for the order “left no remaining issue open for judicial resolution.”
After the trial court issued the dismissal order, the Supreme Court of Florida decided Kephart v. Regier, 30 Fla. L. Weekly S182, — So. 2d -, 2005 WL 673681 (Fla. Mar. 24, 2005); and Osborne v. State, 907 So. 2d 505 (Fla.2005). In Osborne, the supreme court noted that “[a] dismissal of a petition with prejudice would terminate the case on procedural grounds, essentially divesting the circuit court of jurisdiction.” Id. at 508. The court opined: “[W]e do not believe the Legislature intended that those time frames be used as vehicles by which to dispose of Ryce Act proceedings where the respondent suffers no prejudice. Rather, we conclude that absent a demonstration of prejudice, the dismissal should be without prejudice and the respondent should be released.” Id. The court added: “Of course, the State’s ability to refile a Ryce Act petition is subject to the appropriate statutory limitation period. Our opinion should not be read as suspending or extending that requirement in any way.” Id. at n. 4.
Because the trial court did not have the benefit of these recent pronouncements from the supreme court addressing the prejudice factor, we REVERSE the dismissal order and REMAND for further proceedings.
WOLF and VAN NORTWICK, JJ., concur.