Caudell v. Leventis

CourtUnited States State Supreme Court of Florida
Writing for the CourtSEBRING; ADAMS
Citation43 So.2d 853
Decision Date24 January 1950
PartiesCAUDELL v. LEVENTIS et al.

Page 853

43 So.2d 853
CAUDELL

v.
LEVENTIS et al.
Supreme Court of Florida, Division B.
Jan. 24, 1950.

Page 854

A. C. Franks, H. H. Eyles and J. T. Gordon, Miami, for petitioner.

Phillips, Walterman & Phillips, Miami, for respondent.

SEBRING, Justice.

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...

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13 practice notes
  • Thoman v. Ashley, No. 4548
    • United States
    • Court of Appeal of Florida (US)
    • December 18, 1964
    ...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 note the often repe......
  • Norton v. Everhart
    • United States
    • Supreme Court of Tennessee
    • January 30, 1995
    ...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...
  • Ross v. Richland County, No. 20581
    • United States
    • United States State Supreme Court of South Carolina
    • January 16, 1978
    ...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 Page 651 ......
  • Hartford Ins. Group v. LACEY-BOGUE, No. 5D00-229.
    • United States
    • Court of Appeal of Florida (US)
    • September 8, 2000
    ...DCA 1986). Any judgment so rendered is void. Hanson v. Denckla, 357 U.S. 235, 78 S.Ct. 1228, 2 L.Ed.2d 1283 (1958); Caudell v. Leventis, 43 So.2d 853 It is also clear from this record that the Group cannot be substituted in this lawsuit in the future as the uninsured motorist carrier, nor c......
  • Request a trial to view additional results
13 cases
  • Thoman v. Ashley, No. 4548
    • United States
    • Court of Appeal of Florida (US)
    • December 18, 1964
    ...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 note the often repe......
  • Norton v. Everhart
    • United States
    • Supreme Court of Tennessee
    • January 30, 1995
    ...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...
  • Ross v. Richland County, No. 20581
    • United States
    • United States State Supreme Court of South Carolina
    • January 16, 1978
    ...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 Page 651 ......
  • Hartford Ins. Group v. LACEY-BOGUE, No. 5D00-229.
    • United States
    • Court of Appeal of Florida (US)
    • September 8, 2000
    ...DCA 1986). Any judgment so rendered is void. Hanson v. Denckla, 357 U.S. 235, 78 S.Ct. 1228, 2 L.Ed.2d 1283 (1958); Caudell v. Leventis, 43 So.2d 853 It is also clear from this record that the Group cannot be substituted in this lawsuit in the future as the uninsured motorist carrier, nor c......
  • Request a trial to view additional results

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