Florida Statute 26.56 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 26
CIRCUIT COURTS

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26.56 Residual jurisdiction for abolished courts.—

(1) If any court is abolished and a proceeding had in it is not transferred to another court, the circuit court for the county where the court formerly existed shall have jurisdiction over any further proceedings in the same manner as though the proceeding had been originally pending in the circuit court.

(2) Additional proceedings in the circuit court shall be commenced by filing the appropriate motion, pleading, or paper that would have been filed in the abolished court. The circuit court may require the custodian of the records of the abolished court to make the records of any proceedings available to the circuit court. The clerk of the circuit court shall charge no additional filing fee for proceedings under this section.

(3) This section shall apply to all courts that have heretofore been abolished and to all courts that may hereafter be abolished under the circumstances prescribed in this section.

History.—s. 1, ch. 71-7.

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Amendments to 26.56

Annotations, Discussions, Cases:

Cases Citing Statute 26.56

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Adelman v. Boy Scouts of Am., 276 F.R.D. 681 (S.D. Fla. 2011).

Cited 7 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 92810, 2011 WL 3648573

...In discussing the broad construction of the relevancy component of Rule 26, Oppenheimer Fund noted that “the court should and ordinarily does interpret ‘relevant’ very broadly to mean matter that is or may became an issue in the litigation.” Id. at 351 n. 12, 98 S.Ct. 2380 (citing 4. J. Moore, Federal Practice § 26.56[1], p....

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F. Hoffmann LaRoche & Co. v. Felix, 512 So. 2d 997 (Fla. 3d DCA 1987).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2037

...13 (1978) ("For example, where issues arise as to jurisdiction or venue, discovery is available to ascertain the facts bearing on such issues."); 8 C. Wright & A. Miller, Federal Practice and Procedure §§ 2009 n. 34, 2011 n. 88 (1970); 4 J. Moore, J. Lucas & G. Grotheer, Moore's Federal Practice § 26.56[6] n....