DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, PETITIONER,
v.
HONORABLE PAUL BAKER, JUDGE, CRIMINAL COURT OF RECORD, IN AND FOR DADE COUNTY, ET AL., RESPONDENTS
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Dade County sought certiorari review of a criminal court judge's ex parte order requiring the County to pay funeral expenses for an inmate who died in the Dade County Jail. The court held that the criminal court lacked jurisdiction to adjudicate claims against the County and that the County was denied due process by being ordered to pay without notice or opportunity to be heard.
The criminal court lacked jurisdiction to adjudicate claims against Dade County arising from jail operations, and due process required that the County receive notice and opportunity to be heard before being ordered to pay. If an inmate or representative has a claim against the County, the appropriate remedy is an independent action, not an order in a criminal proceeding.
[1] Certiorari is an appropriate remedy for a county to seek review of an order adjudicating its liability when the county was not a party to the underlying proceeding.
[2] A court cannot adjudicate a claim against a county without affording the county due process, including notice and an opportunity to be heard.
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Join FLexlaw to unlock all legal intelligence“even if he had the power to adjudicate a claim against the County he could not do so without due process, i. e., notice of the claim and opportunity to be heard”
Establishes that due process requires notice and opportunity to be heard before a county can be ordered to pay, even if the court had jurisdiction
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Join FLexlaw to unlock all legal intelligenceMichael Robertson died in the Dade County Jail, and the family requested that the criminal court assess funeral expenses against Dade County, allegedl…
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The petitioner, who was not a party before the criminal court of record, seeks review of an ex parte order entered by the Honorable Paul Baker, a judge of said court, adjudicating the County liable for funeral expenses as a result of the death of one Michael Robertson in the Dade County Jail. Said order reads as follows:
* * * * * *
*584“THIS CAUSE, having come on to be heard upon the request of the family of Mich<?al Robertson, for costs to be assessed against Dade County, Florida for burial expenses regarding the death of Micheál Robertson and it appearing to the Court that said death occurred in the Dade County Jail as a result of the over crowded conditions, it is hereby
“ORDERED and ADJUDGED that Dade County, Fla., pay to the family of Micheál Robertson the sum of $1275.00.”
* * * * * *
The County has filed this petition for certiorari, contending it was not within the jurisdiction of any cause pending before the criminal court and, further, that the criminal court was without jurisdiction to determine liability of the County arising out of its operation of the Dade County Jail.
We find certiorari to be the appropriate remedy for the County to seek review of this order. See: Dade County v. Carr, Fla.App.1970, 231 So.2d 844; Dade County v. Baker, Fla.App.1970, 237 So.2d 545; Dade County v. Strauss, Fla.App.1971, 246 So.2d 137. It is apparent from the record that the County was never a “party” to any proceeding before Judge Baker and, therefore, even if he had the power to adjudicate a claim against the County he could not do so without due process, i. e., notice of the claim and opportunity to be heard. Ryan’s Furniture Exchange v. McNair, 120 Fla. 109, 162 So. 483; Mayflower Inv. Co. v. Brill, 137 Fla. 287, 188 So. 205; Western Union Tel. Co. v. Suit, 153 Fla. 490, 15 So.2d 33; 6 Fla. Jur., Constitutional Law, § 322.
Further, we can find no authority to support the proposition that a criminal court may adjudicate a claim against the County arising out of the operation of the Dade County Jail. If an inmate or his personal representative has a claim against the County in connection with its operation of the Dade County Jail, the appropriate remedy would be an independent action against the County.
Therefore, the order here under review directing the County to pay certain funeral expenses, dated July 14, 1971, be and the same is hereby quashed.
Cases With Similar Vibessemantic neighbors from the corpus
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Dade Cnty. v. Honorable Paul Baker, 258 So. 2d 511 (Fla. 3d DCA 1972)…such relief in this court by certiorari, on authority of Dade County v. Carr, Fla.App.1970, 231 So. 2d 844; Dade County v. Baker, Fla.App.1970, 237 So. 2d 545; Dade County v. Strauss, Fla.App.1971, 246 So. 2d 137; Dade County v. Baker, Fla.App.1972, 257 So. 2d 583. By providing that the cumulative sentences, covering a period of two years, should be served in the county jail,1 the trial court in effect ordered and required Dade County to act as the custodian of the defendant and to expend the official effort…
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Dade Cnty. v. McCRARY, 260 So. 2d 543 (Fla. 3d DCA 1972)…he challenged order by certiorari, is without merit. See Dade County v. Carr, Fla.App.1970, 231 So. 2d 844; Dade County v. Baker, Fla.App.1970, 237 So. 2d 545; Dade County v. Strauss, Fla.App.1971, 246 So. 2d 137; Dade County v. Baker, Fla.App.1972, 257 So. 2d 583. The petitioner Dade County contends the trial court was without authority in law to award the attorney’s fee and require its payment by the county. The respondent argues that his appointment by the trial court as Acting State Attorney was authoriz…
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Brevard Cnty. v. Hammel, 575 So. 2d 772 (Fla. 5th DCA 1991)…of Youth Services, Bureau of Field Services v. R.M.A., 327 So. 2d 844 (Fla. 1st DCA 1976) (entry of order directing HRS to pay guardian ad litem’s attorney’s fees reversed where guardian failed to serve copy of motion on HRS); Dade County v. Baker, 257 So. 2d 583 (Fla. 3d DCA 1972) (county could not be ordered to pay funeral expenses for prisoner who died in overcrowded jail without first giving nonparty county notice and an opportunity to object). Similarly, in this case, the county was ordered to pay the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ryan's Furniture Exch., Inc. v. McNair, 120 Fla. 109 (Fla. 1935)
- Mayflower Inv. Co. v. Brill, 137 Fla. 287 (Fla. 1939)
- Bogle v. State, 246 So. 2d 137 (Fla. 2d DCA 1971)
- W. Union Tel. Co. v. Suit, 153 Fla. 490 (Fla. 1943)
- Dade Cnty. v. Hilton Carr, 231 So. 2d 844 (Fla. 3d DCA 1970)
- Dade Cnty. v. Honorable Paul Baker, 237 So. 2d 545 (Fla. 3d DCA 1970)