Florida/Georgia Personal Injury & Workers Compensation

...ding the basis for concluding that jurisdiction in a sister state is appropriate.'" Poliandro v. Springer, 899 So.2d 441, 444 (Fla. 4th DCA 2005) (quoting McDaniel v. Burton, 748 So.2d 1072, 1076 (Fla. 4th DCA 1999) (emphasis in original)); see also § 61.511(2), Fla....

...Johnson’s allegations of residency were untrue, that she was at all times a citizen of New York, and that the New York family court had jurisdiction over the son by virtue of her November 10, 2010, petition. This record does not indicate that Col. Johnson was served with a summons in either New York action. 5 Pursuant to section 61.511(2), 6 and section 61.519, 7 Col....

...requisite previous six months. Col. Johnson expeditiously moved the case forward by requesting the trial court to hold a conference with the New York courts. Col. Johnson also invoked his right to appear and give evidence at this hearing pursuant to section 61.511(2). Once the trial court undertook to communicate by telephone with the two New York courts, the trial court was required to allow Col. Johnson to participate under section 61.511(2) which provides that the court “shall allow the parties to participate in the communication [and] [i]f the parties elect to participate ..., they must be given the opportunity to present facts and legal arguments before a decision...

...be present during the conversation and set forth specific findings regarding the basis for concluding that jurisdiction in a sister state is appropriate.’ Poliandro v. Springer, 899 So.2d 441, 444 (Fla. 4th DCA 2005) (emphasis in original)[.]”). Section 61.511(2) operates as a due process provision....

...See K.I., 70 So.3d at 754 (reversing and remanding for a ruling on whether jurisdiction in Florida was proper after due notice to the mother, the father, and the Virginia court and based on factual findings). We cannot conclude that the violation of Col. Johnson’s due process rights under section 61.511(2) was harmless....

...However, subsequent to the notice of appeal that Col. Johnson filed in this case, the parties have been negotiating a settlement agreement in the New York actions. We are unaware of the final disposition of the New York proceedings as of the writing of this opinion. . Section 61.511, Fla....

...rt shall allow the parties to participate in the communication. If the parties elect to participate in the communication, they must be given the opportunity to present facts and legal • arguments before a decision on jurisdiction is made.” § ■61.511(2), Fla. Stat. (2016). Further, the statute states that “a record must be made of a communication under this section. The parties must be informed promptly .of the communication and granted access to the record.” § 61.511(4), Fla....

...Finally, the statute states that the “term ‘record’ means a form of information, including, but not limited to, an electronic recording or transcription by a court reporter which creates a verbatim memorial-ization of any communication between, two or, more individuals or entities.” § 61.511(5), Fla....

...h a court in another state .requires reversal. K.I., 70 So.3d at 753-754 ; Poliandro v. Springer, 899 So.2d 441, 444 (Fla. 4th DCA 2005). The failure to maintain a record of communications with the .courts of a .sister state, as mandated by section. 61.511, Florida Statutes (2016), requires the same result....

...The Pennsylvania court, as the second forum to consider custody of this child, was obligated by the UCCJEA to stay its exercise of jurisdiction until it made contact with the Florida circuit court. Mondy v. Mondy, 428 So.2d 235, 238 (Fla. 1983). The parties, with counsel, are entitled to participate in this communication. § 61.511(2), Fla....

...accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. § 61.519(2), Fla. Stat. A record must be made of the communication between the two courts under this provision. See § 61.511(4), Fla. Stat....

...at the time of the commencement of a child custody proceeding if such proceeding has been commenced in a court of another state having jurisdiction over the matter, unless the proceeding is stayed by the court of the other state. Additionally, under section 61.511(3), Florida Statutes, communications between courts on schedules, calendars, court records, and similar matters may occur without informing the parties, and a record need not be made of the communication....

...hearing, should proceed first, as scheduled. As this is more in the nature of a scheduling decision than a final decision as to jurisdiction, we conclude that the Chaddick require *396 ment for presence of a court reporter is not applicable and that section 61.511(3), Florida Statutes, governs....

...But subsection (2)’s second sentence uses the mandatory word “must” to describe the parties’ ultimate ability to present facts and legal arguments before a jurisdiction decision is made. Florida’s version of the UCCJEA’s “Communication Between Courts” statute, section 61.511, Florida Statutes (2015), contains mandatory language throughout subsection (2)’s second sentence. Section 61.511 provides, in pertinent part: 8  (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (2) The court shall allow the parties to participate in the communication. If the parties elect to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. .... § 61.511, Fla. Stat. (2015) (emphasis added). As our sister court held in Johnson v. Johnson, 88 So. 3d 335 (Fla. 2d DCA 2012), “[w]e construe the words ‘shall’ and ‘must’ in [section 61.511(2)] to impose a mandatory duty upon the trial court that must be performed before ruling.” Id....

...Here, however, the Florida court erred in not performing this mandatory duty to “allow the parties to participate in the communication . . . [and] be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.” § 61.511(2), Fla....

...attorney general’s opinion incorrectly interpreted UCCJEA’s jurisdictional requirements. The facts that the Oregon court interrupted the grandmother’s counsel from participating in the communication does not excuse the Florida court’s failure to perform its duty under section 61.511....

...f both Oregon’s and Florida’s statutes that a party has a due process right to be heard, the Florida court had a mandatory duty to correct the Oregon court and ensure that the grandmother’s argument was heard. See Johnson, 88 So. 3d at 339 (“Section 61.511(2) operates as a due process provision.”). Thus, reversal is required on this ground as well. See Haugabook v. Jeffcoat-Hultberg, 219 So. 3d 65, 67 (Fla. 4th DCA 2016) (“[T]he failure to allow a party to participate in the communication with a court in another state requires reversal [under section 61.511].”). Conclusion Based on the foregoing, we reverse the Florida court’s orders dismissing this case for lack of initial custody jurisdiction, and denying the grandmother’s motion to disregard a...

...But subsection (2)’s second sentence uses the mandatory word “must” to describe the parties’ ultimate ability to present facts and legal arguments before a jurisdiction decision is made. Florida’s version of the UCCJEA’s “Communication Between Courts” statute, section 61.511, Florida Statutes (2015), contains mandatory language throughout subsection (2)’s second sentence. Section 61.511 provides, in pertinent part: (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (2) The court shall allow the parties to participate in the communication. If the parties elect to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. .... § 61.511, Fla. Stat. (2015) (emphasis added). As our sister court held in Johnson v. Johnson, 88 So. 3d 335 (Fla. 2d DCA 2012), “[w]e construe the words ‘shall’ and ‘must’ in [section 61.511(2)] to impose a mandatory duty upon the trial court that must be performed before ruling.” Id....

...erred in not allowing the maternal grandmother’s counsel “to participate in the communication ... [and] be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.” § 11 61.511(2), Fla. Stat. (2015). However, we consider this procedural error to be harmless in light of the adoption’s finality. The adoption’s finality makes this case distinguishable from our more general precedent addressing section 61.511(2). See Haugabook v. Jeffcoat-Hultberg, 219 So. 3d 65, 67 (Fla. 4th DCA 2016) (“[T]he failure to allow a party to participate in the communication with a court in another state requires reversal [under section 61.511].”). Conclusion Based on the foregoing, we affirm the Florida court’s orders dismissing the maternal grandmother’s petition for temporary legal custody of the child, and denying the grandmothe...

...Ross, for appellant. Chase Law & Associates, P.A., and Kenneth E. Chase (Boca Raton), for appellee. Before EMAS, LOBREE and GOODEN, JJ. GOODEN, J.  In this child custody case, we must interpret the trial court’s obligations under section 61.511, Florida Statutes—part of the Uniform Child Custody and Jurisdiction Act (“UCCJEA”)....

...and “[p]romote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child.” § 61.502(2), (7), Fla. Stat. In furtherance of this purpose, section 61.511 provides: (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (2) The court shall allow the parties to participate in the communication....

...of information, including, but not limited to, an electronic recording or transcription by a court reporter which creates a verbatim memorialization of any communication between two or more individuals or entities. § 61.511, Fla....

...determination has been made by, a court of a state having jurisdiction under ss. 61.514-61.516, shall immediately communicate with the other court. . . . § 61.517(4), Fla. Stat. (emphasis added). Further, section 61.511(4), Florida Statutes (2016), states that "a record must be made of a communication under this section....

...Specifically the order read: THIS CAUSE, having come before this Court to determine this Court's jurisdiction to modify the Final Judgment regarding child custody issued by the Superior Court of Fulton County, Georgia, and, in accordance with Florida Statute § 61.511, this Court having communicated by telephone with the Honorable T....

...r suspending timesharing.”); Steckler v. Steckler, 921 So. 2d 740, 745 (Fla. 3 To the extent any contact was made with the Virginia court, the Florida trial court failed to make a record and inform the parties of the communication, as required by section 61.511(4), Fla....