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Serving Flagler, Putnam, St. Johns, and Volusia Counties

G-2024-042-FG

IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY

Re: ASSIGNMENT OF CASES IN CIRCUIT COURT (FLAGLER COUNTY)

Ref: G-2024-042-FG (Rescinds G-2022-042-FG)

        WHEREAS, it has been made known to the undersigned that the prompt and expeditious administration of justice in Flagler County requires the publication of a revised case assignment order for the various divisions of the circuit court;

        NOW THEREFORE, I, LEAH R. CASE, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that effective August 20, 2024, cases filed in the Circuit Court in and for Flagler County are to be assigned as follows:

 

A. CRIMINAL

  1. All circuit criminal (felony) cases are to be assigned to Division 50. All felony drug court cases are to be assigned to Division 24.

 

B. FAMILY LAW

  1. The following types of cases are considered part of Family Law:
  • Dissolution of Marriage (includes Simplified)
  • Custody, Parental Responsibility, Time-Sharing, Parenting Plans, Visitation
  • Child Support (includes UIFSA)
  • Temporary Custody by Extended Family (Chapter 751, Fla. Stat.)
  • Separate Maintenance
  • Annulment
  • Declaratory action related to prenuptial, marital settlement, or postnuptial agreements
  • Injunction for Protection (Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, Stalking)
  • Name Change
  • Paternity
  • Adoption
  • Pre-Adoption Termination of Parental Rights (TPR) (Chapter 63, Fla. Stat.)
  • Juvenile Delinquency
  • Truancy
  • Sexting (Section 847.0141, Fla. Stat.)
  • Juvenile Dependency
  • Injunction to Prevent Child Abuse (Section 39.504, Fla. Stat.)
  • Termination of Parental Rights (TPR) (Chapter 39, Fla. Stat.)
  • Juvenile Emancipation
  • Children / Families in Need of Services (CINS/FINS)
  • Waiver of Parental Notice of and Consent for Abortion
  1. All Family Law cases mentioned above are to be assigned to Division 47.
  1. Notwithstanding section B (2) above, the judge assigned to Division 60 is to handle Juvenile Delinquency, Truancy and Sexting cases on a temporary basis.

 

C. PROBATE / GUARDIANSHIP / INCAPACITY / TRUST / MENTAL HEALTH / MEDICAL TREATMENT PROCEDURES

  1. All probate, guardianship, incapacity and trust cases are to be assigned to Division 48.
  1. All injunctions for protection against exploitation of vulnerable adults (Section 825.1035, Fla. Stat.) are to be assigned to Division 48.
  1. All guardianship cases involving children in juvenile dependency court are to be assigned to Division 47.
  1. All cases seeking court approval of pre-suit settlement of minors’ claims are to be assigned to Division 47.
  1. All cases seeking expedited judicial intervention for medical treatment procedures are to be assigned to Division 50.
  1. All Adult Protective Services Act (Chapter 415, Fla. Stat.), Baker Act (Chapter 394, Part I, Fla.Stat.), Marchman Act (Chapter 397, Fla.Stat.) and Tuberculosis Control Act (Chapter 392, Fla. Stat.) cases are to be assigned to Division 49.
  1. All firearm disability relief (Section 790.065, Fla. Stat.) and risk protection order (Section 790.401, Fla. Stat.) cases are to be assigned to Division 49.
  1. All cases related to the involuntary admission of an intellectually disabled person to residential services (Section 393.11, Fla. Stat.) are to be assigned to Division 50.

 

D. GENERAL CIVIL

  1. The following circuit civil case types are to be assigned to Division 50:
  • Professional Malpractice
  • Products Liability
  • Environmental / Toxic Tort
  • Construction Defect
  • Mass Tort
  • Negligent Security
  • Nursing Home Negligence
  • Constitutional / Statutory / Ordinance Challenge
  • Discrimination (employment or other)
  • Intellectual Property
  • Bond Estreature
  • Contraband Forfeiture
  • Involuntary Civil Commitment of Sexually Violent Predators
  1. The following circuit civil case types are to be assigned to Division 61:
  • Real Property / Mortgage Foreclosure
  • Contract and Indebtedness
  • Business Transaction – Other
  • Trade Secret
  • Petition to Extend Statute of Limitations
  • Foreign Judgment
  1. All circuit civil cases not specifically assigned otherwise, including, but not limited to, cases seeking court approval of pre-suit settlements of adults’ claims, are to be assigned to Division 49.
  1. Miscellaneous civil actions/writs such as habeas corpus, certiorari, mandamus, or prohibition that are related to a closed, pending, or out-of-county criminal or mental health case are to be assigned to Division 50. Any such civil actions/writs that are not related to a criminal or mental health case are to be assigned to Division 49.

 

E. APPEALS AND REVIEWS OF QUASI-JUDICIAL ACTIONS

  1. All reviews of quasi-judicial actions and other matters in which the circuit court has appellate jurisdiction are to be assigned to Division 49.

 

        IT IS FURTHER ORDERED that the Clerk of Court’s office is to assign cases as specified in this Order.  If any uncertainty or ambiguity arises concerning the assignment of a case, the Clerk’s office should refer the matter to the Court Administrator’s office for resolution by the Chief Judge (see Kruckenberg v. Powell, 422 So.2d 994).

TO BE RECORDED in Flagler County, Florida.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida, this 20th day of August 2024.

 

/s/ Leah R. Case
LEAH R. CASE
Chief Judge

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