SAMUEL C. GOLDEN
v.
ESTATE OF HANS G. TANZLER, JR.

Fla. 1st DCA | 2018-12-10
No. 16-4960
257 So. 3d 652 Florida District Court of Appeal, First District (2018)

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Holding

A trial court reversibly errs when an incarcerated party requests telephonic appearance and the court fails to issue an order directed to the Department of Corrections directing the prisoner to appear telephonically.


Headnotes

[1] A trial court commits reversible error when an incarcerated party requests telephonic appearance and the court fails to issue an order directed to the Department of Corre…

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Key Quotes

“a court reversibly errs when a prisoner requests to appear telephonically[] and the court fails to issue an order directed to the Department of Corrections requiring the prisoner to appear telephonically”

The court cited the holding from Burdoo v. Plympton, 219 So. 3d 170, 171 (Fla. 1st DCA 2017)

Facts & Procedural History

Samuel C. Golden, an incarcerated party, appealed a circuit court judgment in a dispute with the Estate of Hans G. Tanzler, Jr. Golden requested to ap…

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Opinion of the Court

December 10, 2018 PER CURIAM.

In Burdoo v. Plympton, this court held that “[a] court reversibly errs when a prisoner requests to appear telephonically[] and the court fails to issue an order directed to the Department of Corrections requiring the prisoner to appear telephonically.” 219 So. 3d 170, 171 (Fla. 1st DCA 2017); accord Havenner v. Hutchinson, 162 So. 3d 1113, 1114 (Fla. 1st DCA 2015). In this case, that is what happened.

REVERSED. ROBERTS, RAY, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Samuel C. Golden, pro se, Appellant. Hans G. Tanzler, III, as Personal Representative of the Estate of Hans G. Tanzler, Jr., pro se, Appellee.


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