Caudell v. Leventis
| Decision Date | 24 January 1950 |
| Citation | 43 So.2d 853 |
| Parties | CAUDELL v. LEVENTIS et al. |
| Court | Florida Supreme Court |
A. C. Franks, H. H. Eyles and J. T. Gordon, Miami, for petitioner.
Phillips, Walterman & Phillips, Miami, for respondent.
The respondents in this case filed their common law action in the Circuit Court of Dade County, Florida, to recover of and from the plaintiff the sum of $4088.50, together with interest and costs. To the declaration the petitioner filed a plea alleging that the amount involved in the action did not exceed the sum of $5000, exclusive of interest and costs, and hence that the Circuit Court had no jurisdiction over the claim. A motion to strike this and other pleas of the petitioner were filed by the respondents and upon a hearing the judge of the Circuit Court of his own motion announced that he would transfer the cause to the Civil Court of Record of Dade County. Thereafter, an order was duly entered by the Circuit Judge transferring the cause to the Civil Court of Record of Dade County for further proceedings and trial.
Subsequent to the entry of the order the petitioner filed his petition in this court praying for the issuance of a common law writ of certiorari to review and quash the order of the judge of the Circuit Court of Dade County transferring the cause to the Civil Court of Record and that the cause be reinstated upon the common law docket and records of the Circuit Court of Dade County for further proceedings in accordance with law. The only question presented for adjudication is whether the Circuit Court of Dade County had power and authority to transfer to the Civil Court of Record of Dade County a common law action instituted in said Circuit Court, when it appeared that the amount involved in the suit did not exceed the sum of $5000, exclusive of interest and costs.
The jurisdiction of courts in this state is regulated by the Constitution or by statutes duly enacted pursuant to the Constitution. Section 11 of Article V of the Constitution of Florida, F.S.A., fixes the jurisdiction of the Circuit Courts of the State, including the Circuit Court of Dade County, by giving them 'exclusive original jurisdiction in all cases in equity, also in all cases at law, not cognizable by inferior courts, and in all cases involving the legality of any tax, assessment, or toll; of the action of ejectment and of all actions involving the titles or boundaries of real estate, and of all criminal cases not cognizable by inferior courts; and original jurisdiction of actions of forcible entry and unlawful detainer, and of such other matters as the Legislature may provide.'
In Dade County, Florida, an inferior court, the Civil Court of Record of Dade County, is given original jurisdiction 'of all cases at law where the matter in controversy does not exceed, exclusive of interest and cost, the sum of five thousand dollars' and hence in that county the Circuit Court is divested of original jurisdiction in 'all cases at law' except those in which the minimum amount claimed, exclusive of interest and costs, is greater than the maximum amount of which the Civil Court of Record of Dade County has jurisdiction.
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Thoman v. Ashley, 4548
...direct method of review existed. See First National Bank of Gainesville v. Gibbs, 1919, 78 Fla.App., 118, 82 So. 618; Caudell v. Leventis, Fla.App.,1950, 43 So.2d 853, 855. Accordingly I think we should grant the writ and consider the important question on the As to the merits, we should no......
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...649, 650-51 (1978); Fox v. Board of Regents of University of Michigan, 375 Mich. 238, 134 N.W.2d 146, 148 (1965); Caudell v. Leventis, 43 So.2d 853, 855 (Fla.1950); First Nat'l. Bank of Chicago v. United Air Lines, 190 F.2d 493, 496 (7th Cir.1951); Raese v. Kelly, 59 F.R.D. 612, 615-16 ...
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...any action with respect to such a cause, other than to dismiss it, is absolutely void." 134 N.W.2d at 148. Similarly, in Caudell v. Leventis, 43 So.2d 853 (Fla.1950), the plaintiff filed suit in the circuit court but failed to allege sufficient damages to meet the court's jurisdictional req......
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