Archdiocese of Detroit v. Green

899 So. 2d 322, 2004 Fla. App. LEXIS 17904, 2004 WL 2727749
CourtDistrict Court of Appeal of Florida
DecidedNovember 24, 2004
DocketNo. 3D04-1588
StatusPublished
Cited by3 cases

This text of 899 So. 2d 322 (Archdiocese of Detroit v. Green) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Archdiocese of Detroit v. Green, 899 So. 2d 322, 2004 Fla. App. LEXIS 17904, 2004 WL 2727749 (Fla. Ct. App. 2004).

Opinion

COPE, J.

The Archdiocese of Detroit and Cardinal Adam Maida appeal an order denying their motion to dismiss for lack of personal jurisdiction. We conclude that the motion should have been granted.

Plaintiff-appellee Albert Green brought suit in circuit court in Miami-Dade County against Father Edward Olszewski alleging that he was sexually abused by Father Olszewski from 1971 (when the plaintiff was eleven) through 2001. The plaintiff publicly disclosed the abuse for the first time in 2002.

The plaintiff also sued the Archdiocese of Detroit and its Archbishop, Cardinal Maida, as well as the Archdiocese of Miami, and its Archbishop, Archbishop John C. Favalora.

The plaintiff alleges that the sexual abuse began in 1971 when Father Olszew-ski was a priest in the Archdiocese of Detroit. The plaintiff alleges that these acts continued through 1976 at which time Father Olszewski moved to Florida. The plaintiff alleges that thereafter the acts of sexual abuse continued through 2001.

With regard to the Archdiocese of Detroit, the plaintiff alleges that the Archdiocese knew or should have known of the pedophile propensities of Father Olszewski and negligently failed to take appropriate corrective or preventative action. The Archdiocese of Detroit and Cardinal Maida moved to dismiss the action on the ground that there was no personal jurisdiction over either of them in the state of Florida. The trial court denied the motion to dismiss. The Archdiocese of Detroit and Cardinal Maida have appealed.

The plaintiff argues that there is jurisdiction in Florida over the Archdiocese of Detroit and Cardinal Maida (collectively “the Detroit Archdiocese”) because in 1976 Father Olszewski moved to Florida. It is undisputed that Father Olszewski did this unilaterally, without the consent of the Detroit Archdiocese. The plaintiff maintains that the mere presence of Father Olszewski in Florida means that Father Olszewski was the agent of the Detroit Archdiocese in Florida, thereby subjecting the Detroit Archdiocese to Florida jurisdiction. This argument is completely without merit.

The affidavits and correspondence of record reveal that Father Olszewski served as a priest within the Detroit Archdiocese through April 1976. He requested a leave of absence, which was denied. Despite the denial of the leave of absence, Father Olszewski unilaterally relocated to South Florida. He refused to return to Detroit to undertake an assignment in Detroit which the Detroit Archdiocese had given him there.

In June 1976, Bishop Schoenherr wrote Father Olszewski and stated, “Your unwillingness to accept the assignment given to you [in Detroit] means that the faculties of the Archdiocese are temporarily withdrawn. I ask that you return as soon as possible so that your status can be regularized.” Father Olszewski refused to return. He received no compensation from the Detroit Archdiocese after April 1976. He remained in South Florida where he obtained a graduate degree and was employed by a governmental agency.

In 1979, Father Olszewski requested that the Detroit Archdiocese give its consent to his transfer to the Archdiocese of Miami. When a priest wishes to transfer from one diocese to another, he must be “excardinated” from the originating diocese and “incardinated” into the receiving diocese.

In response to Father Olszewski’s request, Cardinal Dearden of the Detroit [324]*324Archdiocese wrote to the Archbishop of Miami:

I have received a letter dated August 28,1979 from Father Edward T. Olszew-ski in which he requested that I communicate to you my willingness for him to be excardinated from Archdiocese of Detroit so that he might be incardinated into the Archdiocese of Miami. Father Olszewski indicated that he has met with you to discuss this possibility. This letter will provide the Archdiocese of Miami an opportunity to consider formally the possibility of Father Olszewski’s desired incardination.
I hereby excardinate the Reverend Edward T. Olszewski from the Archdiocese of Detroit permanently and unconditionally according to Canon 112 so that he may be incardinated into the Archdiocese of Miami, Florida. This, his ex-cardination will take effect from the very moment of his incardination into the Archdiocese of Miami.

The affidavit filed by the Detroit Archdiocese goes on to say:

19. On May 25, 1982 the Archdiocese of Miami wrote and requested that the new Archbishop of Detroit, Edmund C. Szoka, also express his willingness to release Father Olszewski from the Archdiocese of Detroit so that the Archdiocese of Miami could proceed with his incardination. On June 10, 1982, Archbishop Szoka gave his permission. On July 1,1982 Father Olszewski was incar-dinated into the Archdiocese of Miami.
... The Archdiocese of Detroit made no recommendation to the Archdiocese of Miami regarding Father Olszewski’s fitness for duty nor was one requested. The Archdiocese of Detroit was provided no information regarding Father Olsz-ewski’s possible assignments within the Archdiocese of Miami. The Archdiocese of Detroit had not control over and no involvement whatsoever with Father Olszewski’s assignments within the Archdiocese of Miami. At no time after it received notification of Father Olszew-ski’s incardination in 1982 until Albert Green’s allegations against Father Olsz-ewski in 2002 did the Archdiocese of Detroit communicate with the Archdiocese of Miami regarding Father Olszew-ski.
20. At the time Cardinal Dearden and Archbishop Szoka gave permission for Father Olszewski’s incardination with the Archdiocese of Miami, the Archdiocese of Detroit had received no complaint or allegation of sexual misconduct against Father Olszewski. The Archdiocese of Detroit did not receive and was not aware of any complaints or allegations of sexual misconduct against Father Olszewski until Albert Green made public allegations against Father Olszewski in 2002.
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22. The Archdiocese of Detroit and Cardinal Maida own no property in Florida; conduct no business or activities in Florida; provide no services in Florida; have no offices, employees, or representatives in Florida; and, have no priests in active service for the Archdiocese in Florida. Nor did the Archdiocese of Detroit or Cardinal Maida own property in Florida; conduct business or activities in Florida; provide services in Florida; have offices, employees, or representatives in Florida; or have priests in active service for the Archdiocese in Florida during the period from 1971 to the present.

Affidavit of Bishop Walter A. Hurley (record citations omitted).

From the foregoing it is clear that there was no agency relationship between the Detroit Archdiocese and Father Olsz-[325]*325ewski when Father Olszewski moved to Florida.

“The elements of an agency relationship under Florida law are (1) acknowledgement by the principal that the agent will act for it, (2) the agent’s acceptance of the undertaking, and (3) control by the principal over the actions of the agent.” State v. American Tobacco Co., 707 So.2d 851, 854 (Fla. 4th DCA 1998) (citing Goldschmidt v. Holman, 571 So.2d 422, 424 n. 5 (Fla.1990)).

The plaintiffs claim of an agency relationship fails this test. Father Olszewski disobeyed the direct orders of the Detroit Archdiocese when he came to Florida.

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Bluebook (online)
899 So. 2d 322, 2004 Fla. App. LEXIS 17904, 2004 WL 2727749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/archdiocese-of-detroit-v-green-fladistctapp-2004.