Klaver v. Mander

LEHAN, Judge.

We affirm the circuit court’s transfer to the county court of this civil action by an incarcerated plaintiff.

Plaintiff contends that he was entitled to be present at the hearing on defendant’s motion to dismiss, citing Baker v. Baker, 403 So.2d 1111 (Fla. 2d DCA 1981) and McKay v. Jenkins, 405 So.2d 287 (Fla. 1st DCA 1981). We disagree. Although Baker and McKay express concern over the opportunity of an incarcerated defendant to appear in person or through counsel, neither involves a situation, as here, where the incarcerated person is plaintiff. In fact, McKay specifically…