WOOD
v.
POLISKNOWSKI, HARRIS
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Charity Noelle Wood appealed an order transferring her petition for writ of habeas corpus from Gadsden County to the committing court in Pinellas County. The First District Court of Appeal affirmed the transfer order, finding that only the committing court has jurisdiction to determine petitions for habeas corpus challenging the legality of involuntary commitment.
The court affirmed the transfer order, holding that only the committing court has jurisdiction to determine petitions for habeas corpus challenging the legality of involuntary commitment. Wood failed to demonstrate any preliminary basis for reversal of the Gadsden County circuit court's order.
[1] A petition for habeas corpus challenging the legality of an involuntary commitment must be determined by the committing court, which has exclusive jurisdiction over such…
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Join FLexlaw to unlock all legal intelligence“Only the committing court has jurisdiction to determine a petition for habeas corpus challenging the legality of an involuntary commitment.”
This establishes the primary legal basis for affirming the transfer order and is supported by statutory authority and case law precedent.
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Join FLexlaw to unlock all legal intelligenceWood filed a petition for writ of habeas corpus in Gadsden County circuit court challenging her involuntary commitment at Florida State Hospital. The …
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November 13, 2024 PER CURIAM.
Appellant challenges the order transferring her petition for writ of habeas corpus to the committing court in Pinellas County. Appellant’s initial brief, amended initial brief, second amended initial brief, and third initial brief do not comply with any of the requirements for the contents of an initial brief under rule 9.210(b), Florida Rules of Appellate Procedure. In addition, Appellant demonstrates no preliminary basis for reversal of the Gadsden County circuit court’s order transferring the petition for filing in Appellant’s felony case in Pinellas County, Case No. 2022 CF 005106. Only the committing court has jurisdiction to determine a petition for habeas corpus challenging the legality of an involuntary commitment. § 916.16, Fla. Stat.; Lewis v. James, 88 So. 3d 381, 381 (Fla. 1st DCA 2012); Franklin v. Kearney, 814 So. 2d 462, 463 (Fla. 4th DCA 2001).
The order transferring the petition is summarily AFFIRMED. Fla. R. App. P. 9.315(a).
OSTERHAUS, C.J., and BILBREY and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Charity Noelle Wood, pro se, Appellant. Ashley Moody, Attorney General, and Anthony D. Johnson, Assistant Attorney General, Tallahassee, for Appellees.