David Marcionette v. Jacqueline Marcionette a/k/a Jacqueline West

Summary

The Sixth District Court of Appeal of Florida held that the trial court improperly denied David Marcionette’s motion to dissolve a domestic violence injunction because it appeared to have been filed in the wrong division. The court reversed and remanded for transfer to the appropriate division. It dismissed for lack of jurisdiction Marcionette’s attempted appeal from older injunction-related orders that were not timely appealed.

Holdings

1. The court lacked jurisdiction to review the 2019 injunction orders and the 2021 order denying the prior motion to dissolve because those orders were rendered more than thirty days before the notice of appeal was filed.
2. When a motion concerning an existing case is filed in the wrong circuit-court division, the proper remedy is to transfer it to the appropriate division rather than deny it for lack of jurisdiction.

Questions Presented

1. Whether the appeal was timely as to the 2019 temporary and permanent injunction orders and the 2021 order denying a prior motion to dissolve.
2. Whether the trial court erred by denying the 2024 motion to dissolve the injunction because it was filed under the wrong division rather than transferring it to the appropriate division.

Disposition

reversed_and_remanded