GLENN SMITH, APPELLANT,
v.
JAMES R. MCDONOUGH, SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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Court reversed a trial court's sua sponte venue transfer from Okeechobee County to Leon County because the transfer was made without notice or opportunity to be heard, and remanded for a hearing on whether the plaintiff's constitutional violation allegations qualify for the sword-wielder exception to Florida's home venue privilege.
A trial court's sua sponte venue transfer without affording the party notice or opportunity to be heard is reversible error.
[1] A trial court must provide notice and opportunity to be heard before transferring venue, and sua sponte transfer without such procedural safeguards is reversible error.
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Join FLexlaw to unlock all legal intelligenceGlenn Smith, an inmate at Okeechobee Correctional Institution, challenged disciplinary confinement and gain time reduction imposed by Department of Co…
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TAYLOR, J.
In this action challenging disciplinary confinement and gain time reduction imposed by officials at the Okeechobee Correctional Institution, Glenn Smith appeals the trial court’s sua sponte order transferring the venue of his action from Okeechobee County to Leon County, where the Department of Corrections has its headquarters.
The trial court entered the order transferring venue without affording Smith any notice or opportunity to be heard. The Department has confessed error based on this procedural ground. See Wells v. Harris, 884 So. 2d 1030, 1031 (Fla. 4th DCA 2004); Government Employees Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996); Hewitt Contracting v. Joyner, 616 So. 2d 190, 190-91 (Fla. 5th DCA 1993); Morris-Edge Masonry, Inc. v. Tonn & Blank, Inc., 461 So. 2d 1036, 1037 (Fla. 4th DCA 1985).
Accordingly, we reverse and remand this cause to the trial court to hold a hearing to determine whether, as Smith argues, his petitions sufficiently allege constitutional violations which qualify for the “sword-wielder” exception to the state’s home venue privilege. See Barr v. Fla. Bd. of Regents, 644 So. 2d 333, 337 (Fla. 1st DCA 1994); Hancock v. Wilkinson, 407 So. 2d 969 (Fla. 2d DCA 1981); see also Smith v. Williams, 160 Fla. 580, 35 So. 2d 844, 847 (1948).
Reversed and Remanded.
SHAHOOD and GROSS, JJ., concur.
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Citator
Cited By
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Drew C. Hartley v. McNEIL, 36 So. 3d 696 (Fla. 4th DCA 2010)…on for mandamus in the circuit where the prison is located. See Smiley v. State, 948 So. 2d 964 (Fla. 5th DCA 2007) (mandamus is the accepted remedy for circuit court review of Department of Corrections disciplinary actions). In Smith v. McDonough, 955 So. 2d 644 (Fla. 4th DCA 2007), involving the same kind of proceeding, we reversed the identical judicial action sending the case to Leon County without prior notice or hearing. We required the trial court to hold a hearing as to whether the “sword-wielder” ve…
Authorities Cited
- Smith v. Williams, 160 Fla. 580 (Fla. 1948)
- Spradley v. Fla. Dep't of Corr. (Fla. 3d DCA 2020)
- Barr v. The Fla. Bd. OF Regents, 644 So. 2d 333 (Fla. 1st DCA 1994)
- Gov't Emps. Ins. Co. v. Burns, 672 So. 2d 834 (Fla. 3d DCA 1996)
- Hancock v. Wilkinson, 407 So. 2d 969 (Fla. 2d DCA 1981)
- Morris-Edge Masonry, Inc. v. Tonn & Blank, Inc., 461 So. 2d 1036 (Fla. 4th DCA 1985)
- City OF Melbourne v. Puma, 616 So. 2d 190 (Fla. 5th DCA 1993)
- Gorman Leroy Suits v. State, 616 So. 2d 190 (Fla. 5th DCA 1993)
- Wells v. Harris, 884 So. 2d 1030 (Fla. 4th DCA 2004)