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Atwater v. Mortgage Electronic Registration Systems, Inc.
Citations: 98 So. 3d 1191; 2012 Fla. App. LEXIS 13473; 2012 WL 3316562Docket: No. 3D12-1485
Court: District Court of Appeal of Florida; August 15, 2012; Florida; State Appellate Court
Jeffrey H. Atwater, Chief Financial Officer of Florida, petitions for a writ of prohibition against the circuit court to prevent enforcement of an order requiring him to appear in court and to disburse unclaimed funds held by the Department of Financial Services. The court grants the petition, vacating the order to show cause for contempt against the Chief Financial Officer, highlighting that the trial court's sanctions were unauthorized under section 43.19 of the Florida Statutes (2011). The court emphasizes that the trial court lacks jurisdiction to compel the Department to disburse funds without first determining the claimant's entitlement to those funds. It cites O’Connor v. Zcme, establishing that claimants must exhaust administrative remedies by filing with the Department before seeking judicial relief. The Department has exclusive authority over financial determinations regarding unclaimed funds, as per Article IV, Section 4(c) of the Florida Constitution. The statutes outline that if funds have remained unclaimed for over five years, the judge must direct their deposit into the State School Fund, and all disbursements from the State Treasury are to be executed by the Chief Financial Officer. Claimants must submit verified claims to the Chief Financial Officer, who has the authority to approve or disapprove these claims. The Department assesses the merits of claims according to the Florida Disposition of Unclaimed Property Act, and the burden of proof lies on the claimants to establish their entitlement. The document concludes with the order to show cause being vacated and the petition for writ of prohibition being granted.