Kevin Jordan v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: December 4, 2024
• Docket: 3D2024-0811
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed December 4, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-0811 Lower Tribunal Nos. F02-9709, F02-16327 ________________

Kevin Jordan, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Lody Jean, Judge.

Kevin Jordan, in proper person.

Ashley Moody, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.

Before LOGUE, C.J., and MILLER and GOODEN, JJ.

MILLER, J. Appellant, Kevin Jordan, the respondent in involuntary civil

commitment proceedings below, appeals from the dismissal of his petition

for habeas corpus. Having been committed as a sexually violent predator

under Chapter 394, Florida Statutes, he is currently in the custody of the

Florida Department of Children and Families. Because there were no

allegations of ineffective assistance of counsel, under rule 4.460 of the

Florida Rules of Civil Procedure for Involuntary Commitment of Sexually

Violent Predators, the petition had to “be filed in the county where the facility

in which the petitioner is confined is located.” Fla. R. Civ. P.–S.V.P. 4.460.

Petitioner is currently confined in Arcadia, which is located in DeSoto County,

Florida. Concluding therefore that the Eleventh Judicial Circuit lacked

authority to deny the petition under review, we decline to reach the merits

and, instead, reverse the order dismissing the petition for writ of habeas

corpus and remand with instructions to transfer the petition to the Twelfth

Judicial Circuit. See Shaw v. State, 49 Fla. L. Weekly D1941 (Fla. 3d DCA

Sept. 25, 2024).

Reversed and remanded.