SC05-1166 – Merry Morris v. Leland Morris

State: Florida

Docket No: SC05-1166

Case Date: 04/13/2006

Preview:Supreme Court of Florida
THURSDAY, APRIL 13, 2006 CASE NO.: SC05-1166 Lower Tribunal Nos.: 4D04-3812 4D04-4621 4D04-4763 MERRY MORRIS Petitioner(s) vs. LELAND MORRIS Respondent(s)

As petitioner has failed to demonstrate a clear legal right to have the Fourth District Court of Appeal reinstate her appeal, the petition for writ of mandamus is denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (holding that in order to be entitled to a writ of mandamus, the petitioner must show that he has a clear legal right to performance of the requested act, that the respondent has an indisputable legal duty to perform that act, and that no other adequate remedy exists). WELLS, LEWIS, CANTERO and BELL, JJ., concur. ANSTEAD, J., dissents with an opinion, in which PARIENTE, C.J., and QUINCE, J., concur. ******************************* Petitioner's motion for attorney's fees is denied. Respondent's motion for attorney's fees is granted and it is ordered that respondent shall recover from petitioner the amount of $2,500.00 for the services of respondent's attorneys in this Court. WELLS, LEWIS, CANTERO and BELL, JJ., concur. PARIENTE, C.J., and ANSTEAD and QUINCE, JJ., dissent. A True Copy Test:

CASE NO.: SC05-1166 PAGE TWO

jn Served: PAULA REVENE CYNTHIA L. GREENE JEFFREY D. FISHER PHILIP M. BURLINGTON GEORGIA T. NEWMAN HON. SHARON BOCK, CLERK HON. ARTHUR G. WROBLE, JUDGE HON. MARILYN BEUTTENMULLER, CLERK

ANSTEAD, J., dissenting. The majority has voted to deny the petition of the former wife to have her appeals in the district court reinstated. Because I believe the majority's denial of relief potentially fosters a serious miscarriage of justice, and violates the petitioner's constitutional right to an appeal,1 I must dissent. At issue is whether an appeal may be dismissed and substantial sanctions imposed not subject to any appellate review when an alleged void judgment is entered and subsequently challenged on appeal. The void judgment at issue here is one for the forfeiture of assets predicated upon the former wife's filing of court proceedings challenging the child visitation provisions of a post-nuptial agreement. 1. See art. V,

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