Franklin v. Kearney, 4D01-4444.
| Decision Date | 03 December 2001 |
| Docket Number | No. 4D01-4444.,4D01-4444. |
| Citation | 814 So.2d 462 |
| Parties | Barry FRANKLIN, Petitioner, v. Kathleen KEARNEY, as Secretary of the Florida Department of Children and Families, and Denny Gies, as Administrator of the North Florida Evaluation and Treatment Center, and the State of Florida, Respondents. |
| Court | Florida District Court of Appeals |
Gary Kollin of Gary Kollin, P.A., Fort Lauderdale, for petitioner.
Robert A. Butterworth, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for respondents.
Petitioner seeks mandamus relief from an amended order of the Broward County circuit court, transferring his petition for writ of habeas corpus to the Alachua County circuit court. We grant the petition, quash the order, and direct the Broward County circuit court to exercise jurisdiction over the habeas petition.
The Broward circuit court's transfer was based on its conclusion that it lacked jurisdiction because Petitioner is being detained in Alachua County. Mandamus is properly used to test the correctness of a lower tribunal's determination that it lacks jurisdiction. See Pino v. Dist. Court of Appeal, Third Dist., 604 So.2d 1232 (Fla.1992)
.
Petitioner was charged with a felony in the Broward County circuit court. That court adjudicated him incompetent to proceed and involuntarily committed him under section 916.13, Florida Statutes (2001), to the Department of Children and Family Services to be placed in a mental health treatment facility. Petitioner challenged the legality of his involuntary commitment by filing a petition for writ of habeas corpus with the Broward circuit court under section 916.107(9)(a), Florida Statutes (2001). A prior version of section 916.107(9)(a) has been interpreted to require that such a challenge be made by habeas petition filed in the circuit court in the county where the defendant is being detained. See, e.g., Gentzen v. State, 689 So.2d 1178 (Fla. 1st DCA 1997)
; McLelland v. State, 368 So.2d 673 (Fla. 1st DCA 1979). However, the statute was amended in 1998 to provide that the committing court be requested to issue the writ of release. See Ch. 98-92, § 7, at 712, Laws of Fla.
It was the Broward County circuit court that adjudged Petitioner incompetent to proceed in his criminal case and involuntarily committed him. Under the current version of the statute, as the state properly concedes, the circuit court in Broward County has jurisdiction to entertain the...
To continue reading
Request your trial
-
Myrick v. Inch
...5 So. 3d 682, 682 (Fla. 3d DCA 2009) (reviewing transfer order through a petition for writ of habeas corpus); Franklin v. Kearney, 814 So. 2d 462, 462 (Fla. 4th DCA 2001) (reviewing transfer order through a petition for writ of mandamus). We think the Third District's conclusion—that such r......
-
Matamoros v. Infinity Auto Ins. Co., 3D15–1030.
...begin our analysis by noting that mandamus is appropriate to compel the circuit court to exercise its jurisdiction. Franklin v. Kearney, 814 So.2d 462 (Fla. 4th DCA 2001) ; Cooper v. Gordon, 389 So.2d 318 (Fla. 3d DCA 1980).The issue before us is whether Matamoros's June 25, 2013 motion for......
-
Lewis v. James
...Appellant.Kathi Lee Kirkpatrick, Hospital Legal Counsel, Chattahoochee, for Appellees.PER CURIAM. AFFIRMED. See Franklin v. Kearney, 814 So.2d 462, 463 (Fla. 4th DCA 2001) (only the committing court has jurisdiction to entertain habeas petition challenging legality of involuntary commitment......