Narrative Opinion Summary
The trial court erred by denying Chan-tay Clark’s motion for rehearing regarding her petition for writ of habeas corpus. Clark correctly pointed out that the trial court lacked jurisdiction since her petition was filed in the incorrect circuit. According to Florida Statute 79.09 (1997), a habeas corpus petition must be filed in the circuit where the petitioner is detained, as established in Savage v. State, 662 So.2d 750 (Fla. 4th DCA 1995). The court reversed the trial court's order and remanded the case with instructions to vacate the denial and transfer the petition to the appropriate circuit. Judges Fulmer and Davis concurred with the decision.
Legal Issues Addressed
Application of Florida Statute 79.09subscribe to see similar legal issues
Application: The court applied Florida Statute 79.09 to determine that the petition should have been filed in the proper jurisdiction, leading to the reversal of the trial court's decision.
Reasoning: According to Florida Statute 79.09 (1997), a habeas corpus petition must be filed in the circuit where the petitioner is detained, as established in Savage v. State, 662 So.2d 750 (Fla. 4th DCA 1995).
Jurisdiction for Filing Habeas Corpus Petitionssubscribe to see similar legal issues
Application: The court highlighted that the habeas corpus petition must be filed in the circuit where the petitioner is detained, adhering to the jurisdictional requirements.
Reasoning: Clark correctly pointed out that the trial court lacked jurisdiction since her petition was filed in the incorrect circuit.
Reversal and Remand of Trial Court's Ordersubscribe to see similar legal issues
Application: The appellate court reversed the trial court's denial of the motion for rehearing and instructed the lower court to vacate and transfer the petition to the correct jurisdiction.
Reasoning: The court reversed the trial court's order and remanded the case with instructions to vacate the denial and transfer the petition to the appropriate circuit.