Appeal to Supreme Court of the State of Florida

[KarlHindle]

I have appealed to the Florida Supreme Court and yesterday, I filed the first "jurisdiction" brief.

The other side must now file theirs (if they choose to do so) and the Supreme's will then decide whether the case will proceed or not.

I have posted on Emily Rose's blog the full text of the brief together with a supporting statement of facts.

The key issues to be decided are:

1.  Why did Barbara Greig at OCI, claim Emily was subject to the jurisdiction of Florida when she was not - the 5th District Court of Appeal ruled there was no jurisdiction in Florida nor anywhere else in the US, so why did Greig file a Hague application with the British authorities claiming there was jurisdiction?

2. Why did the US courts and agencies not enforce the British Supreme Court order for Emily Rose to receive medical treatment for her blindness, especially when 9 British and US doctors recommended it;

3. Reversal of all of the trial court deicision - the 5th DCA (the Appeal Court) only partially reversed the trial court order; they ruled there was no jurisdiction in FL (or the US) but then proceeded to claim jurisdiction because no-one else in the US had it (ignoring the UK) - all the trial court orders should be reversed completely as there is no jurisdiction to issue them...period.

The link to the post is here:

http://emilyrosehindle.blogspot.com/2010/06/appeal-to-supreme-court-of-florida.html

[SageDad]

Funny how State was willing to provide falsified documents to help your ex bring back her child but they wouldn't even give me actual and accurate documents that I have legal access to in order to help me bring back mine.  We are both Americans dealing with the same agency after all.  I wonder why she got preferential treatment 

[KarlHindle]

must have been her "glowing personality"  :hihi

[lttlmtn]

Good luck and Godspeed to you Karl... I know how frustrating it gets as I am dealing with some issues with Costa Rica. 

Roy Koyama - LBP of Emily Alina Koyama

[KarlHindle]

The mother has filed her answer jurisdiction brief in the Supreme Court - I'm waiting for my copy and th US mail to catch up.

[KarlHindle]

I received news today that the FL Supreme Court has struck out the submission of the order from the British Supreme Court - the order which incidentally, ordered Emily to receive medical treatment for her blindness.

I'm somewhat disturbed at this.

[SageDad]

What a bunch of garbage.  On what grounds would they decline to admit or exclude a decision from the British Supreme Court that speaks directly to the very issue you are appealing?  Was the order never submitted as evidence in lower courts? 

Have you considered filing another Hague application directly in federal courts that accounts for the "delay over one year" in filing?

[KarlHindle]

The order was submitted at the very beginning - we advised the trial court (and the 5th DCA and FL Supreme) that there was no jurisdiction in FL - the 5th DCA opinion agreed; there was no jurisdiction in FL nor in any other US state - but then went on to claim jurisdiction on that basis.

Bluntly, I think I'm being railroaded by the FL Supremes.

[KarlHindle]

re the HC application "out of time" - if the FL Supremes are doing this, I doubt I'm going to get any relief under an out of time HC application which is why I'm on this track - but I'm open to suggestions!

[KarlHindle]

The FL Supreme Court has refused to hear the case - found out today.

Below is the reason from the online court docket:

"This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied. No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2)."

http://jweb.flcourts.org/pls/docket/ds_docket?p_caseyear=2010&p_casenumber=982&psCourt=FSC&psSearchType=

[Diane]

So sorry Carl.  This seems to me, to be incomprehensible.   This country has failed you miserably.   Please let us know if there is any thing we can do at this point or someone to write to.     Diane


"History has demonstrated that the most notable winners usually encountered heartbreaking obstacles before they triumphed. They won because they refused to become discouraged by their defeats."


   

[André Felipe]

Is it means the Supreme Court of Florida understood your case does not fit on one of the situations that the Court has jurisdiction over? Can you appeal to the US Supreme Court?

[FC_Florida]

I'm so sorry to hear that, Karl. I live in Florida and I have no idea we had knuckleheads for judges.

[M.Capestro]

I guess this means that FL is only concerned with protecting children abducted OUT of the state and less concerned about protecting children abducted INTO the state. With all the fuss that's been made recently in FL with the state's new Child Abduction Prevention Act, you think their own Supreme Court would get it.

I guess the silver lining to this is that you are now able to go directly to the US Supreme Court, correct?

[KarlHindle]

 :yeahthat

I'm opening a new thread - Appeal to the Supreme Court of the United States