IN THE DISTRICT COURT OF APPEAL
FIFTH DISTRICT OF XXX
XXX,
Appellant,
v.
XXX,
Appellee.
_____________________________
/
Case Number: XXX
Lower Tribunal Case: XXX
3707-O
APPELLANT’S RESPONSE TO ORDER TO SHOW CAUSE
COMES NOW Appellant pro se and responds to the order to show
cause of August XXX as to why this appeal should not be dismissed for
lack of jurisdiction.
Introduction
This appeal arises out of the Trial Court’s Order issued on August XXX, in which Order Judge Diana Tennis denied Appellant’s Motion for
Emergency Custody.
In the Trial Court, on or about August XXX, Appellant filed a Motion
for Emergency Custody on the grounds that there was imminent physical or
emotional harm to the parties’ child; and that the Appellee had severally
2
engaged in frivolous and/or malicious conduct.
The Trial Court then issued an Order denying Appellant’s motion on or
about August XXX.
Consequently, Appellant commenced this appeal by filing a notice of
action on August XXX.
On or about August XXX, the Court issued an Order to show cause
why the appeal should not be dismissed for lack of jurisdiction.
On or about August XXX, Appellant filed a Motion for Extension of
Time to file a Response to the Order to Show Cause.
On or about August XXX, Appellant filed an amended Notice of
Appeal.
On or about September XXX, this Honorable Court issued an Order
granting Appellant time to file a Response to the Order to Show Cause.
Standard of Review
Appellate courts look to see whether the record contains competent
substantial evidence to support the decision. See Helman v. Seaboard Coast
Line R.R. Co., 349 So. 2d 1187 (Fla. 1977) (jury); Abreau v. Amaro, 534 So.
2d 771 (Fla. 3d DCA 1988); and State v. Garcia, 431 So. 2d 651 (Fla. 3d
DCA 1983).
A court may exercise emergency jurisdiction where there is an
emergency and a danger of serious mistreatment of the minor child. See
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XXX 468 So.2d 1061 (Fla. 1 st DCA 1985).
An order modifying custody may be upheld where there is an
emergency, for example where a child is threatened with physical harm. See
Wilson v. Roseberry, 669 So.2d 1152 (Fla. 5thDCA 1996)
This Court has jurisdiction over the Appellant’s appeal
According to XXX, 468 So.2d 1061 (Fla. 1st DCA 1985),
“[a] court may exercise emergency jurisdiction where there is an
emergency and a danger of serious mistreatment of the minor child.”
(Emphasis added). Further, courts have granted emergency custody where
there is an abusive relationship that would cause harm to the children. See
Boykin v. Boykin, 843 So.2d 317 (Fla. 1st DCA 2003).
Appellant avers that the Trial Court’s order does not preclude her from
relief under an emergency motion to seek emergency custody. The Trial
Court’s order issued on August XXX provided inter alia, that according to
the Court’s order on May XXX, the Appellant may not move the children
from their schools, and that she is bound by the Trial Court’s final judgment
issued by the Court.
Appellant’s motion for emergency custody raised pertinent
circumstances, which posed as immediate harm and/or danger on the
parties’ child. Accordingly, Appellant raised the following circumstances:
i. That the Appellee is an admitted domestic and/or child violence
4
abuser and rapist. It is for this reason that he was ordered to
complete Domestic Batterers’ Class. Further, he has had two
injunctions granted against him (one for the parties’ daughter for child
abuse and the other from Appellant for domestic violence abuse).
ii. The Appellee cheated on Appellant with several women including the
one that he is currently living with, who babysits the parties’ three
children.
iii. The Appellee was diagnosed with narcissistic personality disorder.
There is therefore a threat that he would inflict all kind if unnecessary
pain upon the parties’ children to satisfy his narcissistic tendencies.
iv. The Appellee uses drugs and is an alcoholic. There is therefore a
threat that he might harm the children while he is under influence;
that he is unable to carter for the children’s well-being; and that he
serves a bad example to them.
v. Together with his lawyer, the Appellee has engaged in fraudulent
conduct. For instance, his lawyer used two different signatures on the
Mediation settlement Agreement, which gave him everything
including the house and all three cars which he sold. The signatures
were fraudulent.
vi. The Petitioner never has time for the children. He works 60 to 70
hours a week this leaving the three children to be “raised” and
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babysat by his mistress who happens to work for the Department of
Children and Families.
vii. The Petitioner has engaged in frivolous conduct, and abuse of the
judicial process. For instance, he called in a fake tip to the child
abuse hotline accusing Appellee of giving the Parties’ 5 year old (at
the time) son, meth. He also uses the judicial process to frustrate and
intimidate the Appellee. As a result of his conduct, there are three
appeals all filed in the lower tribunal, while two appeals at the Florida
Supreme Court. It also appears he colluded with the Court to deny
the Appellant her parental rights. For instance, the presiding Judge,
Diane Tennis, stated that she dislikes pro se litigants. It is for this
reason that many of Appellant’s filings got dismissed and/or rejected,
and
viii. The Appellee, who is an immigrant, also admitted using the
Appellant for immigration motives to get his sick father to the United
States for medical care.
In addition to the averments made in the Motion for Emergency
Custody, several other circumstances have occurred, which necessitate an
Order for Emergency Custody. Specifically:
i. Appellant has two police reports for her children being continuously
6
bullied and physically assaulted. (Najeera Green 12-14-09, 7th grade
Orange County, FL Police Department #222581480); and (Denval
Green 04-21-16, 1st grade Maitland, FL Police Department
#202242000851). Teachers of three of Appellant’s daughters called
Appellant and informed her of the daughter’s being bullied and spat on
as well as her headphones being broken by bullies all the week.
Appellant avers that the schools were supposed to come up with a
safe plan for all three children at their various schools, but they did not.
It follows; the children are still suffering at the hands of these bullies
due in part to the “lack of supervision” from the instructors and school
personnel who are not checking on the children daily.
ii. Also, the School personnel called DCF on Appellant on or about
September 13, 2022 claiming Denval “DJ” said that Appellant choked
him. The investigation has been completed and closed. The
investigator mentioned to Appellant’s daughter and Appellant that she
knows the children’s babysitter/Appellee’s girlfriend, Chauna Ervin
(who works for DCF).
iii. Appellant is moving to another county, which is an hour away.
Therefore, getting the children to these schools will be virtually
impossible.
WHEREFORE, Appellant respectfully prays that this Response be
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accepted and that any such other relief be granted consistent with this
Response as is just and fair.
Respectively submitted this day of __________ XXX:
____________________________
XXX
P.O. Box XXX
XXX
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CERTIFICATE OF SERVICE
I, XXX, do hereby affirm that I placed a copy of the
foregoing document in the XXX Postal Service for mailing to the
entity named below on this day of , XXX
XXX
XXX
XXXX____________________________
XXX
P.O. Box XXX
XXXX
Appellant, pro se
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