Burkhart v. Gowin

• Decision Date: 05 November 1923
• Citation: 86 Fla. 376,98 So. 140
• Parties: BURKHART v. GOWIN.
• Court: Florida Supreme Court

98 So. 140

86 Fla. 376

BURKHART v. GOWIN.

Florida Supreme Court

November 5, 1923

Error to Circuit Court, Dade County; H. Pierre Branning, Judge.

Suit by W. S. Burkhart against J. I. Gowin. Judgment for defendant and plaintiff brings error.

Affirmed.

Syllabus by the Court

SYLLABUS

Jurisdictional limitations cannot be violated by splitting or aggregating demands wholly distinct and several. The organic limitations as to jurisdiction cannot be violated by splitting demands or by aggregating demands that are in fact not joint or composite, and that are in no way related, but are wholly distinct and several in their character.

Several causes of action may be joined and claims aggregated to confer jurisdiction, if related; causes of action may not be joined, nor claims aggregated, where distinct and several. Several causes of action between parties litigant, each of which causes of action is within the jurisdiction of the court, may be joined in one action (see section 2585, Rev Gen. Stats. 1920); and several claims, no one of which is in amount within the jurisdiction of the court may be aggregated to confer jurisdiction, if the claims from their nature of character are joint or composite, or are in some way related to each other, or arise out of the same transaction or circumstances or occurrence, and the sum of the claims makes the requisite jurisdictional amount. But where substantive claims are not in their nature or character joint or composite, and do not arise out of the same transaction circumstances, or occurrence, and are not consequent upon a continuous course of dealing, as evidenced by an open account, or a continuing contract, or other appropriate means, and the claims are in no way related, but are several, distinct, and wholly independent demands, whether ex contractu or ex delicto, they may not be aggregated to give jurisdiction, as this would violate the organic limitations as to jurisdictional amounts.

COUNSEL

Lilburn R. Railey, of Miami, for plaintiff in error.

R. H. Seymour, of Miami, for defendant in error.

OPINION

WHITFIELD P.J.

The declaration and exhibits herein filed October 11, 1920, are as follows:

'In Circuit Court, Eleventh Judicial Circuit of Florida, in and for Dade County.

'W. S. Burkhart, Plaintiff, v. J. I. Gowin, Defendant.

'Declaration.

'Now comes the plaintiff, W. S. Burkhart, by his attorney, Lilburn R. Railey, and brings this his suit against the defendant, J. I. Gowin, for that----

'Whereas, the defendant on the 14th day of December, 1918, by his promissory note, now overdue, promised to pay to the order of the plaintiff, W. S. Burkhart, on or before three months after date of said note, the sum of $250, together with the interest thereon at the rate of 8 per cent. per annum from date thereof until fully paid, but did not pay same. Copy of note is hereto attached, marked Exhibit A and made a part hereof.

'Second Count.

'And the plaintiff further sues the defendant for that----

'Whereas, the defendant on the 1st day of February, 1919, by his promissory note, now overdue, promised to pay to the order of the plaintiff, W. S. Burkhart, 60 days after date thereof, the sum of $253.33, together with the interest thereon from date thereof until fully paid, but did not pay same. Copy of said note is hereto attached, marked Exhibit B and made a part hereof.

'Third Count.

'And the plaintiff further sues the defendant for that ----

'Whereas, the defendant on the 1st day of February, 1920, by his promissory note of said date, now overdue, promised to pay to the order of the plaintiff, W. S. Burkhart, June 1st next after date of said note, the sum of $100, together with the interest thereon at the rate of 8 per cent. per annum from date until paid but did not pay same. Copy of said note is hereto attached, marked Exhibit C and made a part hereof.

'Fourth Count.

'And the plaintiff further sues the defendant for that----

'Whereas, the said defendant, by each of said notes set forth in counts 1, 2, and 3 of this declaration, promised that in case same were not paid at maturity and same were placed in the hands of an attorney for collection or suit was brought thereon, to pay a reasonable attorney's fee for bringing said suit or making such collection, and the plaintiff avers and says that neither of said notes were paid at maturity thereof, and that all of said notes were past due and unpaid, and that all of said notes have been placed in the hands of an attorney for collection, and suit has been brought thereon, and that a reasonable attorney's fee for bringing said suit is $200.

'Wherefore, on account of the matters set forth in the foregoing counts numbered 1 to 4, both inclusive, the plaintiff brings this his suit, and alleges his damages in the sum of $1,500.

'Lilburn R. Railey, Attorney for Plaintiff.'

'Exhibit A.

'No. -----. $250.00.

'Miami, Florida, Dec. 14, 1918.

'On or before three months after date, for value received, I promise to pay to the order of W. S. Burkhart two hundred and fifty and no/100 dollars at the Fidelity Bank & Trust Co., of Miami, Florida, with interest thereon at the rate of 8 per cent. per annum from date until fully paid. Interest payable semiannually. The maker and indorser of this note further agree to waive demand, notice of non-payment and protest, and in case suit shall be brought for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney's fees for making such collection. Deferred interest payments to bear interest from maturity at 10 per cent. per annum, payable semiannually.

'J. I. Gowin. [Seal.]

'Due -----, 19--.'

'Exhibit B.

'No. ----- $253.33.

'Miami, Florida, Feb. 1, 1919.

'Sixty days after date, for value received, I promise to pay to the order of W. S. Burkhart two hundred and fifty-three 33/100 dollars at the Fidelity Bank & Trust Co., of Miami, Florida, with interest thereon at the rate of ----- per cent. per annum from ----- until fully paid. Interest payable semiannually. The maker and indorser of this note further agree to waive demand, notice of nonpayment and protest, and in case suit shall be brought for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney's fees for making such collection. Deferred interest payments to bear interest from maturity at 8 per cent. per annum, payable semiannually.

'J. I. Gowin. [Seal.]

'Due April 2, 1919.'

'Exhibit C.

'$100.00.

'Miami, Fla., Feb. 1, 1920.

'June 1 next after date, for value received, ----- promise to pay to the order of Dr. W. S. Burkhart one hundred dollars at Fidelity Bank & Trust Co., with interest thereon at the rate of 8 per cent. per annum from ----- until fully paid. Interest payable semiannually. The maker and indorser of this note further agree to waive demand, notice of nonpayment, and protest, and in case suit shall be brought for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney's fees for making such collection. Deferred interest payments to bear interest from maturity at ----- per cent. per annum, payable semiannually.

'J. I. Gowin. [Seal.]

'Due June1, 19--.'

The court made the following final order:

'This cause coming on to be heard after being set down for hearing upon the demurrer of plaintiff to the pleas of defendant, and the court, after an inspection of the record and proceedings in said cause, being of the opinion that the court is without jurisdiction of the subject-matter of said suit, because the court is of the opinion that each of the notes sued on herein constitutes separate and distinct causes of action each in itself, and none of said notes being in a sufficient sum to confer jurisdiction upon this court, therefore it is ordered by the court, of its own motion, that said cause be and the same is hereby dismissed.

'And it is further ordered that the writ of garnishment issued in this cause be and the same is hereby dismissed, and that the goods, chattels, or money, if any, of the defendant, held in the hands of the garnishee, or the sureties upon the bond given by the defendant, to release his goods, chattels, money, or effects from the said writ of garnishment, shall upon demand be delivered to the defendant by whoever has possession of same.

'It is further ordered that the bond given by the defendant to secure the release of his property from the operation of the writ of garnishment be and the same is hereby discharged, and the defendant and the sureties thereon released from liability thereon.'

There is in Dade county a county court which has jurisdiction 'of all cases of law in which the demand or value of the property involved shall not exceed five hundred dollars.' Section 18, art. 5, Constitution of Florida; section 3325, Rev. Gen. Stats. 1920; chapter 4434, Acts of 1895.

By section 11, art. 5, of the Constitution, it is provided that:

'The circuit courts shall have exclusive original jurisdiction in all cases in equity, also in all cases at law, not cognizable by inferior courts.'

While the total amounts of several claims may constitute the jurisdictional 'demand,'...