Kalmanson v. Lockett

848 So. 2d 374, 2003 WL 21203340
CourtDistrict Court of Appeal of Florida
DecidedMay 23, 2003
Docket5D02-3415
StatusPublished
Cited by9 cases

This text of 848 So. 2d 374 (Kalmanson v. Lockett) 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
Kalmanson v. Lockett, 848 So. 2d 374, 2003 WL 21203340 (Fla. Ct. App. 2003).

Opinion

848 So.2d 374 (2003)

Mitchel KALMANSON, Appellant,
v.
Jerry T. LOCKETT, Appellee.

No. 5D02-3415.

District Court of Appeal of Florida, Fifth District.

May 23, 2003.
Rehearing Denied July 3, 2003.

*376 T.W. Ackert of T.W. Ackert, P.A., Winter Park, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela Lutton-Shields, Senior Assistant Attorney General, Tallahassee, for Appellee.

MONACO, J.

This appeal examines the breadth of the judicial immunity defense. Mitchel Kalmanson, who was the plaintiff below, sought damages and injunctive relief against a sitting judge arising out of actions taken by the judge in Mr. Kalmanson's dissolution of marriage action after the judge had entered an order of recusal. We have concluded that the causes of actions about which Mr. Kalmanson complains are barred by the doctrine of judicial immunity.

ADJUDICATIVE FACTS

Mr. and Mrs. Kalmanson were embroiled in a dissolution of marriage action that was assigned to then Circuit Judge Jerry T. Lockett ("Judge Lockett"), the appellee. After having presided over this controversy for a significant period, Judge Lockett filed an order of recusal in January of 2001, at the request of Mr. Kalmanson, *377 and the matter was reassigned to a different judge.

According to the complaint, about eight months after Judge Lockett recused himself, Mr. Kalmanson and his wife entered into a written property settlement agreement in which Mr. Kalmanson obtained exclusive possession of the former marital residence. Mrs. Kalmanson appeared at the residence shortly after she executed the agreement and demanded access to it to retrieve her personal belongings. Mr. Kalmanson refused.

Deputies from the Lake County Sheriff's Office were called and responded to the marital residence at about 8:00 p.m. The former wife claimed that Mr. Kalmanson was destroying her personal property. A deputy soon ascertained, however, that Mr. Kalmanson was only burning trash in his back yard and that a property settlement had been reached giving Mr. Kalmanson the residence. The complaint further alleges that the former wife then handed her cell phone to the deputy, saying that Judge Lockett was on the line. The complaint continues that the person speaking on the phone was "very angry and further directed said Deputy to order Plaintiff (Mr. Kalmanson) from the residence and out of the area."

The deputy asked his supervisor to go to Judge Lockett's home to confirm the identity of the speaker and "the nature and substance of the Order received." When the supervisor went to Judge Lockett's home, Mr. Kalmanson alleges that Judge Lockett was "very upset, further stated direct threats of physical harm to Plaintiff, and utilized cursing epitaphs [sic] directed towards Plaintiff." The complaint particularizes the conversation by saying that the judge would have the deputy fired unless he removed Mr. Kalmanson from the house, referred to Mr. Kalmanson as a "murderer," and asserted that the judge had killed in Viet Nam and was not afraid to kill again. Finally, according to the complaint, the judge threatened to come to the scene and attack the deputy, Mr. Kalmanson and Mr. Kalmanson's attorney, and his actions were "actuated by malice." According to the briefs filed in this court, the matter was concluded when the assigned judge ordered both parties from the home until the following day when he could sort things out. Both parties complied.

Mr. Kalmanson sought damages from Judge Lockett for "Personal acts in Excess of Jurisdiction," and for defamation.[1] Mr. Kalmanson also sought injunctive relief based on the interference of the judge with the quiet enjoyment of his residence, but this issue is largely moot because Judge Lockett no longer holds office. In any event, the trial court granted Judge Lockett's motion to dismiss all counts based on judicial immunity.

At the conclusion of the hearing on the motion to dismiss and after the trial court announced her ruling, Mr. Kalmanson's counsel inquired if the dismissal was with prejudice "for purposes of appeal." The court agreed that it was. Mr. Kalmanson timely moved for rehearing a short time later and for the first time urged that the dismissal should have been without prejudice, and that leave to amend should have been granted. Mr. Kalmanson attached a proposed amended complaint to his motion in which he sought to state causes of action for tortious interference with property rights, tortious interference with economic *378 rights, assault or, alternatively, intentional infliction of emotional distress, permanent injunction, defamation, and abuse of process. All counts were based on essentially the same facts that are recited above. After the trial court denied the motion for rehearing, this appeal ensued.

JUDICIAL IMMUNITY

Judicial immunity was first clearly articulated about 400 years ago in the case of Floyd & Barker, 12 Coke Rep., 77 Eng. Rep. 1305 (Star Chamber 1607). Lord Coke advised that judicial immunity insures the finality of judgments, protects judicial independence, deflects regular attacks on judges, and protects the legal system from falling into disrepute. Shaman, Lubet & Alfini, Judicial Conduct and Ethics, 441 (1990). In more recent times the rationale for judicial immunity includes the important public policies of protecting the finality of judgments, discouraging inappropriate collateral attacks, and preserving judicial independence by insulating judges from lawsuits by unsatisfied litigants. See Forrester v. White, 484 U.S. 219, 225, 108 S.Ct. 538, 98 L.Ed.2d 555 (1988). After recognizing that unfairness and injustice to an individual litigant might result from the doctrine of judicial immunity, the United States Supreme Court summed up the necessity for the application of this doctrine in Bradley v. Fisher, 80 U.S. 335, 13 Wall. 335, 347, 20 L.Ed. 646 (1871):

[I]t is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.

Judicial immunity, which is unquestionably one of the cornerstones of judicial independence, is an immunity from suit, not just from an assessment of damages. Mireles v. Waco, 502 U.S. 9, 11, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991). It is not overcome by allegations of bad faith or malice, because a determination of these and similar assertions would require discovery and trial. See Pierson v. Ray, 386 U.S. 547, 554, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967). Rather, the United States Supreme Court has drawn a line between where immunity applies and where it does not.

In Stump v. Sparkman, 435 U.S. 349, 359, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978), the Court reaffirmed some older precedents in holding that "a judge is absolutely immune from liability for his judicial acts even if his exercise of authority is flawed by the commission of grave procedural errors," and then articulated a sequential two-part test to be applied.

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848 So. 2d 374, 2003 WL 21203340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalmanson-v-lockett-fladistctapp-2003.