Kugeares v. Casino, Inc., No. 78-2037

• Decision Date: 08 June 1979
• Docket Number: No. 78-2037
• Citation: 372 So.2d 1132
• Parties: Sam KUGEARES, Petitioner, v. CASINO, INC., Respondent.
• Court: Florida District Court of Appeals

Page 1132

372 So.2d 1132

Sam KUGEARES, Petitioner, v. CASINO, INC., Respondent.

No. 78-2037.

District Court of Appeal of Florida, Second District.

June 8, 1979.

Rehearing Denied July 18, 1979.

Gary P. Gormin, of Gormin, Geoghegan, Easley & Granese, P. A., Clearwater, for petitioner.

John L. Riley, St. Petersburg, for respondent.

GRIMES, Chief Judge.

This case presents the question of whether the county court has jurisdiction in a proceeding by a landlord to regain possession of leased real property for violation of the lease when the tenant's violation does not involve a default in rent or a holdover after the expiration of the term of the lease.

The petitioner (landlord) rented certain business property to respondent (tenant) pursuant to a written lease. The landlord brought suit in county court to regain possession of the property, contending that the tenant had breached the lease in several particulars. The county court ruled that the landlord was entitled to regain possession because the tenant had erected two structures in violation of the provisions of the lease, and it entered a judgment of eviction. On appeal by the tenant, the circuit court held that the county court had no jurisdiction over the subject matter and vacated the judgment of eviction. The landlord filed a petition for certiorari seeking review of the order of the circuit court.

In order to determine the appropriate jurisdiction of this proceeding, we look first to our state constitution. In holding that the county court had no jurisdiction, the circuit court reasoned that Article V, Section 20(c)(3) conferred upon the circuit court "exclusive original jurisdiction, Inter alia, in 'all cases in equity' and 'in all actions involving the titles or boundaries, or right of possession of real property.' " However, the schedule to Article V in Section 20 does not control our decision because the enumeration of jurisdiction contained in that section is conditioned on subsection (c) thereof which provides:

After this article becomes effective, and until changed by general law consistent with Sections 1 through 19 of this article . . . .

Art. V, § 20(c), Fla.Const. Because there is general law consistent with Sections 1 through 19, the provisions of Section 20 no longer control.

Section 6(b) of Article V provides that county courts shall exercise the jurisdiction prescribed by general law. Section 5(b) of Article V specifies that circuit courts shall have original jurisdiction not vested in the county courts. Thus, we examine the general law.

Section 34.011, Florida Statutes (1977), provides in pertinent part:

(1) The county court shall have jurisdiction concurrent with the circuit court to consider landlord and tenant cases involving claims in amounts which are within its jurisdictional limitations.

(2) The county court shall have exclusive jurisdiction of proceedings relating to The right of possession of real property and to the forcible or unlawful detention of lands and tenements, except as provided in s. 26.012. (Emphasis supplied.)

Section 26.012, Florida Statutes (1977), outlines the jurisdiction of the circuit court. The types of cases most nearly applicable to the instant suit are:

(2) They (circuit courts) shall have exclusive original jurisdiction

(c) In all cases in equity . . . except traffic offenses . . . ;

(f) In the action of ejectment; and

(g) In all actions involving the title and boundaries of real property.

Significantly, Chapter 74-209, Laws of Florida, transferred jurisdiction over the ...