Peterson, In Interest of, 78-308
| Decision Date | 15 November 1978 |
| Docket Number | No. 78-308,78-308 |
| Citation | 364 So.2d 98 |
| Parties | In the Interest of Wendy Dee PETERSON, a child. |
| Court | Florida District Court of Appeals |
C. Lavon Ward, Fort Lauderdale, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and John C. Cecilian, Asst. Atty. Gen., West Palm Beach, for appellee.
This opinion revisits the matter we had before us In re Adoption of Wendy Dee Peterson, 344 So.2d 638 (Fla. 4th DCA 1977). The grandparents mentioned in that opinion have now suggested the child is a dependent child within the meaning of Section 39.01, Florida Statutes (1977) and seek to have the juvenile division of the circuit court declare her to be such a dependent child. When the petition was brought before the judge of the juvenile division of the circuit court he granted a motion to dismiss the petition. The order did not state a reason but the motion was grounded upon lack of jurisdiction and res judicata. The motion, which was filed by the natural father, said because another circuit judge of the same circuit, Jose A. Gonzalez, Jr., had entered an order in regard to the custody of the child and retained jurisdiction of the matter that this circuit judge had no jurisdiction to hear and determine the matter of the child's dependency.
The circuit court has jurisdiction over all matters concerning the custody and welfare of children. All circuit court judges have the same jurisdiction within their respective circuits. A judge in the probate division or the juvenile division or the civil division or the criminal division has the authority and jurisdiction to hear cases involving child custody or dependency. The internal operation of the court system and the assignment of judges to various divisions does not limit a particular judge's jurisdiction. Therefore the judge was in error when he dismissed the petition for lack of jurisdiction. 1 See also, State ex rel. Hendricks v. Hunt, 70 So.2d 301 (Fla.1954).
When Judge Gonzalez, on July 2, 1974, determined the proper custody of the child and retained jurisdiction to enter other orders for the welfare of the child he later found it necessary to change custody to the natural father on June 1, 1976 by way of Final Judgment. It is noted he Did not retain jurisdiction to himself in that final judgment but, as stated earlier, the circuit court always has jurisdiction over the welfare and custody of children.
Because Judge Gonzalez is much more acquainted with the parties...
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Department of Health and Rehabilitative Services v. B.J.M.
...of the court system and the assignment of judges to various divisions does not limit the circuit court's jurisdiction. In re Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978). "It is the court, and not the particular judges thereof, that has jurisdiction over a particular cause...." Willie v. ......
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Malave v. Malave
...of the court system and the assignment of judges to various divisions does not limit a particular judge's jurisdiction.In re Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978) ; accord Partridge, 790 So.2d at 1284–85. Thus, the filing of an action in the wrong division should be remedied by rea......
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Partridge v. Partridge
...See generally Williams v. State, 737 So.2d 1141, 1142 (Fla. 4th DCA 1999). This court aptly noted in In the Interest of Peterson, 364 So.2d 98, 99 (Fla. 4th DCA 1978), that "[a]ll circuit court judges have the same jurisdiction within their respective circuits.... The internal operation of ......
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Padgett v. Pettis, AS-197
...1078 (Fla. 1st DCA 1977), and grandparents have standing to seek a declaration of dependency under chapter 39, In the Interest of W.D. Peterson, 364 So.2d 98 (Fla. 4th DCA 1978); In the Interest of W.H., 356 So.2d 34 (Fla. 1st DCA 1978); In re the Interest of R.J.C., 300 So.2d 54 (Fla. 1st ......