Gnb v. United Danco Batteries

We have for review Chaddick v. Monopoli, 677 So. 2d 347 (Fla. 5th DCA 1996), based on express and direct conflict with Walt v. Walt, 574 So. 2d 205 (Fla. 1st DCA 1991). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. This case concerns the "communication" between a Florida Judge and a Judge of another state who both have the same family law cause before them. It also involves the issue of whether an evidentiary hearing is required to determine whether a sister state, which is exercising jurisdiction in a child custody proceeding filed before the Florida proceeding was filed, is acting in substantial conformity with the Uniform Child Custody Jurisdiction Act (UCCJA) so as to preclude Florida from exercising jurisdiction in the case. For the reasons expressed, we conclude that the necessity for holding an evidentiary hearing to make such a determination is a discretionary decision for the trial Judge. We do hold prospectively, however, that, even if a trial Judge determines that an evidentiary hearing is unnecessary, (1) the parties must be given an opportunity to be present during any conversation the Florida Judge has with a Judge of a sister state, and (2) the trial Judge must set forth specific findings regarding the basis for concluding that jurisdiction in the sister state is or is not appropriate. Under the circumstances before us, where the petitioner fully participated in the proceedings in the sister state, we find that the trial Judge properly dismissed the Florida proceeding. Accordingly, we disapprove the opinions in Chaddick and Walt to the extent they are inconsistent with this opinion, but we approve the result of the district courts decision in this case.