CopyCited 60 times | Published | Supreme Court of Florida
...V, § 6(b), gives the county courts "the jurisdiction prescribed by general law." Fla. Stat. §
26.012 amended by § 3 of Ch. 72-404, also eff. 1-1-73, gives jurisdiction to the circuit court of "all felonies" as well as some misdemeanors. Fla. Stat. §
34.01, F.S.A., amended by § 9 of Ch....
CopyCited 35 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 417, 1994 Fla. LEXIS 1328, 1994 WL 469200
...§
26.012(2)(a), (c), (g), Fla. Stat. (1989). Judges of county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida. §
34.01(4), Fla....
...ir meanings understandable; yet when taken together they are inconsistent. To accept the proposition that the exclusive jurisdiction given to circuit courts in section
26.012 constitutes the "otherwise restricted by the laws of Florida" contained in section
34.01(4) would render the latter section totally meaningless....
...gislative action useless.
95 Fla. at 207,
116 So. at 261. As a final point, we find that in construction lien foreclosures the central focus is on the actual debt owed and not the underlying securing property. Therefore, the monetary restrictions in section
34.01(1)(c)1.-4....
...it courts. 4. On or after July 1, 1992, of actions at law in which the matter in controversy does not exceed the sum of $15,000, exclusive of interest, costs, and attorney's fees, except those within the exclusive jurisdiction of the circuit courts. § 34.01(1), Fla....
CopyCited 25 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 8339, 1998 WL 210571
...a Judicial Nominating Commission. Finally, the Second Circuit Court is a trial court of general
jurisdiction, see Fla. Const. art. V § 6; Fla. Stat. §
26.012, while the Leon County Court is a trial
court of limited jurisdiction, see Fla. Const. art. V § 5; Fla. Stat. §
34.01.
1
In a post-numbered multi-member district, each candidate runs for a specific (numbered)
"post"....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1204, 1986 Fla. App. LEXIS 8524
points out (Trawick, Fla.Prac. and Pro., Replevin, § 34-1 (1973)), Florida has provided for replevin without
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21990263
...he provision creating a private cause of action in state court applies to both computerized telephone calls and unsolicited fax advertisements. [7] County courts exercise the jurisdiction prescribed by general law. Art. V, § 6(b), Fla. Const. Under section 34.01(1)(c), Florida Statutes (2001), county courts have original jurisdiction over "all actions at law in which the matter in controversy does not exceed the sum of $15,000, exclusive of interest, costs, and attorney's fees, except those wit...
CopyCited 17 times | Published | Florida 1st District Court of Appeal | 1989 WL 106760
...plaintiff of the obligation to prove these allegations. We have also considered whether the trial court's order of dismissal is affirmable on the theory that the complaint does not meet the minimum jurisdictional requirements for the circuit court. Section
34.01(1)(c)2, Florida Statutes, provides that the county court has jurisdiction "of all actions at law in which the matter in controversy does not exceed the sum of $5,000, exclusive of interest, costs, and attorney fees." Section
26.012(2)(a...
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 100 A.F.T.R.2d (RIA) 6600, 2007 U.S. App. LEXIS 26136, 2007 WL 3312294
which taxpayers can receive the credit under section 34: (1) Allowance. Except as provided in paragraph
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit
...Judicial Nominating Commission. Finally, the Second Circuit Court
is a trial court of general jurisdiction, see Fla. Const. art. V § 6; Fla.
Stat. §
26.012, while the Leon County Court is a trial court of limited
jurisdiction, see Fla. Const. art. V § 5; Fla. Stat. §
34.01....
CopyCited 15 times | Published | Supreme Court of Florida | 1994 WL 261433
...services. The total bills for each patient ranged from $1,500 to $13,000, although the complaint did not allege the amount that the patients were overcharged. The complaint was filed in circuit court after July 1, 1990 but before July 1, 1992. Under section 34.01(1)(c)3, Florida Statutes (1991), the county court has original jurisdiction as to all causes of action accruing during that period if the amount in controversy does not exceed the sum of $10,000, exclusive of interest, costs, and attorney's fees....
CopyCited 15 times | Published | Florida 4th District Court of Appeal
...[8] That information was invalid. Since the first information the state filed did not show that jurisdiction was in the county court (the county court has criminal jurisdiction to try only misdemeanor cases, Article V, Section 6(3), Florida Constitution; Section 34.01, Florida Statutes (1973)), that court's dismissal of the information for lack of jurisdiction was proper....
CopyCited 14 times | Published | District Court, M.D. Florida | 1984 U.S. Dist. LEXIS 21060
years. Ind.Code Ann. § 34-1-2-2 (West 1983) (emphasis added). In construing § 34-1-2-2, "Indiana Courts
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 20156
423(l)(a) of the Criminal Code of Canada and Section 34(1) of the Food and Drug Act; (d) giving
CopyCited 12 times | Published | Supreme Court of Florida
...suggestion to the contrary in Tucker v. Walker,
335 So.2d 636, 638 (Fla. 2d DCA 1976), cert. denied,
341 So.2d 1086 (Fla. 1977), and in the footnotes in the district court's opinion on rehearing in this proceeding.
341 So.2d at 778 n. 1, 2. [5] See §
34.01(1), Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 110
...lonies and ... all misdemeanors arising out of the same circumstances as a felony which is also charged." §
26.012(2)(d), Fla. Stat. (1981). County courts have original jurisdiction over "all misdemeanor cases not cognizable by the circuit courts." §
34.01, Fla....
CopyCited 9 times | Published | Supreme Court of Florida
...And that he is not lawfully punishable being guilty of neither a felony, not subject to imprisonment in a state penitentiary, nor a misdemeanor inasmuch as the circuit court sentenced him only for contempt. This contention is based obviously on the application of §
34.01(4), Florida Statutes, F.S.A., which gives the county court jurisdiction of misdemeanors and on §
944.40, Florida Statutes, F.S.A., which sets a penalty for escape from a confinement on a charge or conviction of either a felony or a misdemeanor....
CopyCited 9 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4687
...of all actions at law in which the matter in controversy does not exceed the sum of two thousand five hundred dollars ($2,500.00) exclusive of interest and costs, except those within the exclusive jurisdiction of the circuit courts... . This constitutional provision was implemented through the enactment of section 34.01, Florida Statutes (1975), which reads in pertinent part: (1) County courts shall have original jurisdiction......
...a judgment in excess of $2,500, exclusive of costs and interest. It should be noted that the problem encountered here is resolved as to actions at law filed on and after October 1, 1977. By chapter 77-135, Laws of Florida, effective October 1, 1977, section 34.01(1), was amended to vest jurisdiction in the county courts over actions at law in which the matter in controversy does not exceed the sum of $2,500, exclusive of interest, costs and attorneys' fees....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22970976
...Based upon the Dean Witter 1997 annual summary statement that appears in our record, it appears that many of these individual claims would not be sufficient in size to invoke the jurisdiction of circuit court and that they would need to be handled individually in county court. See art. V, § 6(b), Fla. Const.; § 34.01(1)(c)(4), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2007 WL 101216
..."For purposes of subject matter jurisdiction, the circuit courts of Florida have jurisdiction over any action at law in which the matter in controversy exceeds $15,000, exclusive of interest, costs, and attorney's fees." Allen v. Walker,
810 So.2d 1090, 1092 (Fla. 4th DCA 2002); see §
26.012(2)(a), Fla. Stat. (2005); §
34.01(1)(c), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...A circuit court has jurisdiction of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged. §
26.012(2)(d), Fla. *308 Stat. (1981). A county court has jurisdiction over all misdemeanor cases not cognizable by the circuit courts. §
34.01(1)(a), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1461
...WENTWORTH and JOANOS, JJ., concur. NOTES [1] Although no issue has been raised as to the jurisdiction of the circuit court over an action for possession of the premises, we observe that the circuit court properly assumed jurisdiction, notwithstanding the provisions of Section 34.011(2), Florida Statutes, providing that the county court has exclusive jurisdiction of proceedings relating to the right of possession of real property, because the respective demands for damages by the parties exceeded the jurisdictional limit of the county court, see Section 34.01(1)(c)2, Florida Statutes, and because the tenant's suit for injunctive relief was triable in circuit court....
...3d DCA 1983) (circuit court had jurisdiction over a landlord and tenant action because tenant's claim for damages in excess of $5,000 met the good faith test to invoke the jurisdiction of the circuit court); Redding v. Stockton, Whatley, Davin & Co.,
488 So.2d 548 (Fla. 5th DCA 1986) (section
34.011(2), relating to the county court's jurisdiction in possessory actions, excepts from that court's jurisdiction all cases in equity)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1998 WL 2430
...State,
396 So.2d 1153, 1154 (Fla. 2d DCA 1981)("We construe section
26.012(2)(d), to mean that the circuit court has jurisdiction over a misdemeanor only when the misdemeanor and the felony arising out the same circumstances are committed by the same person."). Further, section
34.01(1)(a), Florida Statutes (1993) gives county courts original jurisdiction "[i]n all misdemeanor cases not cognizable by the circuit courts." Under section
26.012(2)(d), where a felony charge and a misdemeanor charge arise from the same c...
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1993 WL 63493
...Section
713.22(1) provides that a lien is not enforceable after one year from the recording of the claim of lien "unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction." Effective October 1, 1990, the legislature promulgated Section
34.01(4) which specifically states that: Judges of county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1999 CCH OSHD 31, 868, 1999 U.S. App. LEXIS 16539, 80 Fair Empl. Prac. Cas. (BNA) 778
age discrimination in employment, Ga.Code Ann. § 34-1-2, Reilly .sought to amend his complaint to add
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1993 WL 259094
...Circuit courts have jurisdiction in all cases in equity. See State ex rel. Landis v. Circuit Court for Eleventh Judicial Circuit of Florida,
102 Fla. 112,
135 So. 866 (1931); §
26.012(2)(c), Fla. Stat. (1991). Certainly county courts, since the 1990 amendment to section
34.01, Florida Statutes, have jurisdiction to consider matters cognizable in equity in cases over which the county court otherwise has jurisdiction....
...That statute provides: (4) Judges of county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida. I note an obvious tension between section
34.01 and section
26.012(2)(c), Florida Statutes, which provides that circuit courts have exclusive jurisdiction in all cases in equity. See Spradley v. Doe,
612 So.2d 722 (Fla. 1st DCA 1993). However, there is no reason to interpret section
34.01(4) so broadly as to deprive circuit courts of jurisdiction to hear a class action lawsuit simply because none of the individual claims would be large enough to sustain circuit court jurisdiction if there were no class. Additionally, the use of "may" in section
34.01(4) supports the view that the legislature did not intend to deprive circuit courts of existing jurisdiction by recognizing that there are appropriate instances where county courts may exercise incidental equity jurisdiction....
...rcuit courts of otherwise recognized jurisdiction would require a clear statement to that effect. Cf. English v. McCrary,
348 So.2d 293 (Fla. 1977). But see Spradley. NOTES [1] The suit was commenced after July 1, 1990 but before July 1, 1992. Under section
34.01(1)(c)3, Florida Statutes (1991), the county court has exclusive jurisdiction of causes of action accruing during that period in which the amount in controversy does not exceed the sum of $10,000....
...to meet the jurisdictional minimum. But subject matter jurisdiction and the requirements for class action treatment are entirely separate concepts. The mere fact that the latter is satisfied does not assure the former. Moreover, there is nothing in section 34.01(4), Florida Statutes (1991), that purports to obliterate the distinction between subject matter jurisdiction and class action treatment on equitable grounds. The mere fact that the class action device originated in equity hardly yields the conclusion that all class actions are inherently within a court's equitable jurisdiction. Even if it did, the real meaning of section 34.01(4) is that the county court has exclusive jurisdiction over the equitable aspects of any claim not exceeding $10,000 accruing during the applicable time period....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...er of the circuit court transferring a personal injury action from the circuit court to the county court upon the ground that the amount claimed in good faith does not reach the jurisdictional limit of the circuit court. See Fla. Stat. §
26.012 and §
34.01....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...Therefore, Stanley Worley's conviction and sentence is affirmed. Bruce Worley argues that the circuit court was without jurisdiction to try him on the misdemeanor charge. We agree. The county court has jurisdiction in all misdemeanor cases not cognizable in the circuit court. Section 34.01, Florida Statutes (1979)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 8235, 2002 WL 1285451
...0 jurisdictional amount required for circuit court jurisdiction. Section
26.012(2), Florida Statutes (1999), provides, in pertinent part, that circuit courts have jurisdiction in civil cases in all actions at law not cognizable by the county courts. Section
34.01(1)(c)4., Florida Statutes, states, in pertinent part, that county courts have jurisdiction over civil actions in which the amount in controversy "does not exceed the sum of $15,000 exclusive of interest, costs, and attorney's fees." Thu...
...ing Re/Max to a 5% late fee immediately upon Becker's failure to pay each installment within 10 days of each due date. These late fees constituted an integral part of the damages due Re/Max under the note and are not excluded under the provisions of section 34.01(1)(c)4....
...We note that federal courts, interpreting language in 28 U.S.C. § 1332 (1999)("The district courts shall have original jurisdiction of all civil matters where the matter in controversy exceeds the sum or value of $75,000, exclusive *890 of interest and costs ....") similar to section 34.01(1)(c)4., have held that the amount of interest due under a note, prior to maturity, is included as a part of the amount in controversy for jurisdictional purposes....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1999 WL 506716
Georgia's age discrimination statute, Ga.Code. Ann. § 34-1-2, violated public and private duties owed by Alcan
CopyCited 5 times | Published | Supreme Court of Florida
...The county court denied the motion to dismiss and expressly held that *668 chapter 318 was not in violation of the "separation of powers requirement of the Constitution of the State of Florida," and that county courts had jurisdiction to hear these cases pursuant to section 34.01(2), Florida Statutes (1977)....
...This is an impossible and illogical result which was never intended by the legislature by its enactment of a modern alternative to the traditional procedures previously used in handling these types of traffic offenses. The jurisdiction of county courts is set forth in section 34.01(1), Florida Statutes (1977), which provides: County courts shall have original jurisdiction in all misdemeanor cases not cognizable by the circuit courts, of all violations of municipal and county ordinances, and of all actions at law i...
...they did not add or take away any jurisdiction from the judicial branch but only changed its character from criminal to civil. We hold that noncriminal traffic infraction cases prescribed by chapter 318 are civil actions at law within the meaning of section 34.01(1), Florida Statutes (1977)....
...While it is true that jury trials were provided for prior to the enactment of Florida's decriminalization law, the right was a statutory one only; it has never been, and is not now, a constitutionally required right. In conclusion, we hold that the county courts of this state have jurisdiction pursuant to section 34.01, Florida Statutes (1977), to hear and adjudicate traffic infraction cases within the meaning and intent of chapter 318, Florida Statutes (1977)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1993 WL 19019
...In Florida, matters in equity have historically been heard only in circuit courts. Section
26.012(2)(c), Florida Statutes (1989), provides that circuit courts "shall have exclusive original jurisdiction * * *... [i]n all cases in equity." (Emphasis added.) Effective October 1, 1990, however, the legislature amended Section
34.01, Florida Statutes, relating to county court jurisdiction, to allow county court judges to "hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida. " (Emphasis added.) §
34.01(4), Fla....
...90-269, § 3, at 1973-74, Laws of Fla. Unfortunately, the legislature failed to amend section
26.012 by deleting the provisions therein, which stated that the circuit courts have exclusive equitable jurisdiction. Thus, because the grant of equity jurisdiction to county courts in section
34.01(4) is restricted by section
26.012(2)(c), vesting equitable matters exclusively in the circuit courts, an irreconcilable inconsistency exists between the two statutes....
...1976), and appeal denied,
429 U.S. 1032,
97 S.Ct. 723,
50 L.Ed.2d 743 (1977). The clear intent of the legislature was to expand county court jurisdiction over certain specified equitable matters. This intent is reflected not only by the express language employed in section
34.01(4), but as well by the title to Chapter 90-269, Laws of Florida, [2] and the amendment to section
86.011. Section
34.01(4) is clearly consistent with the expressed legislative purpose, and, because it is the last expression of legislative will, [3] it should prevail. We therefore construe section
34.01(4) as granting equitable jurisdiction to county courts over matters within those courts' jurisdictional amounts, despite the existence of the patent inconsistency in section
26.012(2)(c)....
...Appellant also correctly contends that the circuit court lacked jurisdiction based upon the amount in controversy. Circuit courts have jurisdiction over "actions at law not cognizable by the county courts." §
26.012(2)(a), Fla. Stat. (1989). When the legislature amended section
34.01 to allow the county courts to hear matters in equity, it also amended the statute by increasing the jurisdictional amount of county courts to $10,000 in actions accruing after July 1, 1990, but before July 1, 1992. §
34.01(1)(c)(3), Fla....
...NOTES [1] 19 Fla.Jur.2d Declaratory Judgments § 5 (1980). [2] The title to chapter 90-269 states the act provides "that a county court may hear all matters in equity that are within jurisdictional amount." [3] Although section
26.012 has been amended since the October 1, 1990 amendment to section
34.01, such amendment merely increased circuit court jurisdiction to include denials of refunds in tax assessment cases. Ch. 91-112, § 5, at 1134, Laws of Fla. As such, the amendment to section
26.012 in no way impacts upon the county courts' jurisdiction, as provided in section
34.01.
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 77, 2009 Bankr. LEXIS 2374, 2009 WL 2710266
Contract. (J. Ex. 239, Trade Contract Agreement, § 34.1.) To establish a breach of contract under Florida
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2457
...The trial court entered its order dismissing the complaint in that $3,100 was "not within the jurisdictional limits of the circuit court." Aysisayh's motion for rehearing, alleging that the $50,000 damages claim placed the case within the circuit court's jurisdiction, was denied without comment. Section 34.01(1)(c)2, Florida Statutes (1985), provides that "county courts shall have original jurisdiction as to causes of action accruing on or after July 1, 1980, of all actions at law in which the matter in controversy does not exceed the sum of $5,000......
CopyCited 3 times | Published | Supreme Court of Florida | 2008 WL 4346396
...0.371." Advisory Opinion to the Attorney Gen. re Referenda Required for Adoption & Amendment of Local Gov't Comprehensive Land Use Plans,
963 So.2d at 219 n. 8 (Bell, J. dissenting) (citing art. V, §§ 5-6 Fla. Const.; §
26.012, Fla. Stat. (2006); §
34.01, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14080
...relief, regardless of the amount in controversy. See Baldwin Sod Farms, Inc. v. Corrigan,
746 So.2d 1198, 1202 (Fla. 4th DCA 1999) ("county courts and circuit courts have concurrent jurisdiction over matters in equity, including injunctions"). Under section
34.01(4), Florida Statutes, county courts "may" hear matters in equity involving sums within the jurisdictional *1267 amount of the county court....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1999 WL 420478
...ranscript that misdemeanor DUI was charged. Furthermore, it should be noted that the traffic citation designated the county court as the court for appearance, and it is undisputed that county courts have exclusive jurisdiction over misdemeanors. See § 34.01(1)(a), Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...shall have jurisdiction now exercised by ... municipal courts and courts of chartered counties, including but not limited to the counties referred to in article VIII, sections 9, 10, 11, and 24 of the Constitution of 1885." Pursuant to that mandate, section 34.01, Florida Statutes (1979), styled "Jurisdiction of county court," expressly so provides in subsection (2)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...The tenant brought this action in circuit court seeking: (a) compensatory and punitive damages; (b) possession; and (c) an injunction. The trial court dismissed the case stating that it was a landlord and tenant action which properly belonged in county court. We reverse. As to the claim for monetary relief, Section 34.011(1), Florida Statutes (1979) provides: 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. At the time the cause of action accrued, the circuit court had jurisdiction over causes of action where the sum in controversy exceeded $5,000. § 34.01(1)(c) 2, Fla....
...The $5,000 demand for compensatory and punitive damages in the present case met the good faith test so as to invoke the jurisdiction of the circuit court. [1] Dade County v. Lambert,
334 So.2d 844 (Fla. 3d DCA 1976). *959 Plaintiff next alleges that he has a right to be restored to possession. Section
34.011(2), Florida Statutes (1979) provides: 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....
...We must conclude that a residential tenant seeking to be restored to possession must file a suit in ejectment, pursuant to Chapter 66, Florida Statutes (1979). Clearly, however, an action in ejectment falls within the jurisdiction of the circuit court. §§
34.011(2) and
26.012(2)(f), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1999 WL 1191513
...tory 3-day notice as required under the terms of the lease; and that Corrigan failed to properly serve Baldwin with the notice to cure default and to give Baldwin 30 days to cure default as required by ¶ 30 of the lease. Subject matter jurisdiction Section 34.011, Florida Statutes, provides that: (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.......
...ful detention of lands and tenements, except that the circuit court also has jurisdiction if the amount in controversy exceeds the jurisdictional limits of the county court or the circuit court otherwise has jurisdiction as provided in s.
26.012.... Section
34.01(4), Florida Statutes (1997), provides that county court judges may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise provided by Florida law....
...§
26.012(2)(a), (c), Fla. Stat. (1997) Baldwin submits that the circuit court lacked subject matter jurisdiction because the amended complaint did not seek damages and did not allege that the amount in controversy exceeded $15,000 the jurisdictional amount specified in §
34.01(1)(c)4, Florida Statutes....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 13888, 2004 WL 2101997
...poena. [2] Sirgany contends in its prohibition petition that the circuit court does not have jurisdiction of the Inspector General's subpoena enforcement action. Sirgany bases its argument on Article V, section 20(c)(4), Florida Constitution, and on section 34.01(a), Florida Statutes (2003), both of which provide that the county courts shall have original jurisdiction of all violations of municipal and county ordinances....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Article V, Section 6(b) provides that County Courts shall have uniform jurisdiction throughout the State and that such jurisdiction shall be as prescribed by general law. Pursuant to this constitutional mandate, the Legislature has described the jurisdiction of County Courts in Section 34.01, Florida Statutes (Supp....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 18975, 79 Empl. Prac. Dec. (CCH) 40, 253, 2000 WL 1099171
Georgia’s age discrimination statute, Ga.Code. Ann. § 34-1-2, violated public and private duties owed by Alcan
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...State,
359 So.2d 18 (Fla. 2d DCA 1978). Kent alleged, however, that the circuit court in which the Bank filed its suit was without subject matter jurisdiction because the claim was for less than $2,500. Art. V, § 5(b), Fla. Const.; §§
26.012(2)(a),
34.01(1), Fla. Stat. (1977). We assume that the Bank filed its suit in the circuit court in good faith on the basis that attorney's fees which it sought would be included in the jurisdictional amount. They are not, however. §
34.01(1), id....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1997 WL 148667
...In addition to misdemeanors and traffic offenses, county courts are now resolving virtually all landlord/ tenant claims and many insurance claims, including almost all personal injury protection claims. The monetary jurisdiction of county court has increased dramatically since 1973. See § 34.01(1)(c), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 5746, 2009 WL 1346129
...Instead of filing its amended complaint in county court, DNA filed it in circuit court. However, county courts have exclusive jurisdiction over actions in law not exceeding $15,000, unless the action is within the exclusive jurisdiction of the circuit court. § 34.01(1)(c), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 3291766, 2014 Fla. App. LEXIS 10515
...11
....
(g) In all actions involving the title and boundaries of real property.
(emphasis added).
Prior to 1990, county courts had no jurisdiction over cases in equity.
However, in 1990, the legislature amended section 34.01 of the Florida statutes by
adding subsection (4). Subsection (4) grants, to a limited degree, equitable
jurisdiction to county courts. Specifically, subsection 34.01(4) provides: “Judges
of county courts may hear all matters in equity involved in any case within the
jurisdictional amount of the county court [$15,000 or less], except as otherwise
restricted by the State Constitution or the laws...
...the case is below the jurisdictional monetary amount, understandably created
confusion regarding the circuit and county courts’ jurisdiction over equitable
matters. To resolve the confusion and potential conflict between section
26.012(2)(c) and section
34.01(4), the Florida Supreme Court held in Alexdex that
“it is clear that in 1990 the legislature amended chapter 34 to grant limited equity
jurisdiction to the county courts....
...able; yet when taken together
they are inconsistent. To accept the proposition that the exclusive
jurisdiction given to circuit courts in section
26.012 constitutes the
“otherwise restricted by the laws of Florida” contained in section
34.01(4) would render the latter section totally meaningless.
Therefore, in order to give each statute its full effect, we conclude
that the legislature intended to provide concurrent equity jurisdiction
in circuit and...
...mere surplusage.’” (quoting Am. Home Assur. Co. v. Plaza Materials Corp.,
908
So. 2d 360, 366 (Fla. 2005))).
It is clear that the equity jurisdiction of the county courts must yield to a
specific grant of equitable jurisdiction to the circuit courts. §
34.01(4) (“Judges of
county courts may hear all matters in equity involved in any case ....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Georgia’s age discrimination statute, Ga. Code. Ann. § 34-1-2, violated public and private duties owed by
CopyCited 1 times | Published | United States Bankruptcy Court, N.D. Florida
and explained his mistake to the trustee at the § 34.1 meeting.73 The court held that the debtor’s conduct
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1995 WL 40358, 1995 Fla. App. LEXIS 791
...that order. It found that the amount in controversy was within the jurisdictional limit of the county court, not the circuit court, and dismissed the case for lack of subject matter jurisdiction without prejudice for it to be filed in county court. Section 34.01(1)(c), Florida Statutes (1993), provides in pertinent part that county courts have jurisdiction over a cause of action accruing before July 1, 1990, if the amount in controversy does not exceed $5,000....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 462039
...not mandatory. Petitioners then filed their joint petition for writ of prohibition in the circuit court. The circuit court denied the petition, concluding that the aggregation of claims is permissive rather than mandatory. Petitioners timely appeal. Section
34.01(1)(c), Florida Statutes, gives county courts original jurisdiction "[o]f all actions at law in which the matter in controversy does not exceed the sum of $15,000, exclusive of interest, costs, and attorneys fees. . . ." The circuit court has jurisdiction of all matters when the amount in controversy exceeds $15,000. See Art. V, § 20(c)(3), Fla. Const.; §§
26.012(2)(a),
34.01(1)(c), Fla....
...However, notwithstanding the bona fides of the plaintiff's demand at the time of institution of suit, as a matter of judicial power the county court is precluded from entering a judgment for damages in excess of its mandated jurisdiction. White v. Marine Transp. Lines, Inc.,
372 So.2d 81, 84 (Fla.1979); see also §
34.01(1)(c), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 373225
..."Subject matter jurisdiction the `power of the trial court to deal with a class of cases to which a particular case belongs' is conferred upon a court by constitution or by statute." Strommen,
927 So.2d at 179 (quoting Cunningham v. Standard Guar. Ins. Co.,
630 So.2d 179, 181 (Fla.1994)). Pursuant to section
34.01(1)(c), Florida Statutes (2007), jurisdiction properly lies in the county court for all actions at law in which the matter in controversy "does not exceed the sum of $15,000, exclusive of interest, cost, and attorney's fees." Claims may...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19684, 2014 WL 6775259
...county court is precluded from entering a judgment for damages in excess
of its mandated jurisdiction.” White v. Marine Transp. Lines, Inc.,
372 So.
2d 81, 84 (Fla. 1979). Since 1992, the county court has had jurisdiction
to hear matters in controversy not exceeding $15,000. §
34.01(1)(c), Fla.
Stat....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 10286, 44 Empl. Prac. Dec. (CCH) 37, 396, 44 Fair Empl. Prac. Cas. (BNA) 761
Discrimination in Employment statute, O.C.G.A. § 34-1-2. The district court held that neither the Charter
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 957594
...(2003) (emphasis added). The county court has jurisdiction over traffic violations. See Nettleton v. Doughtie,
373 So.2d 667 (Fla.1979) (explaining that decriminalization of traffic infractions did not remove county court jurisdiction over traffic violations); §
34.01(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6050
F.S. § 33.02(1), F.S.A.; County Courts, F.S. §
34.01(5); Justice of Peace, F.S. § 37.01(1) (h), F. S
CopyPublished | District Court of Appeal of Florida
controversy does not exceed the sum of $15,000.” §
34.01(1)(c), Fla. Stat. (2014). Circuit courts have “original
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
that used for any other ordinance violation.2 Section
34.01(1)(b), Florida Statutes, places original jurisdiction
CopyPublished | Supreme Court of Florida
county and circuit courts’ civil jurisdiction. See §
34.01, Fla. Stat. (2024). Rule 2.240 is amended
CopyPublished | District Court of Appeal of Florida
See Fla.Const. Art. V, § 20(c)(4); Fla.Stat. §
34.01(1), F.S.A. Florida Transition Rule 4(2). Appellant
CopyPublished | Florida 3rd District Court of Appeal | 1993 WL 406628
...Eventually, the trial court entered a default and default judgment. The trial court denied the owner's motion to set aside the default and default judgment, and this appeal has followed. The initial issue which must be confronted is whether the trial court had jurisdiction. Effective October 1, 1990, section 34.01, Florida Statutes, provides, in part: 34.01 Jurisdiction of County Court. ... . (4) Judges of county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida. § 34.01(4), Fla....
...We see no way to distinguish the condominium lien foreclosure proceeding involved in the present case from the construction lien involved in Nachon. [1] Because the amounts at issue in this case were within the jurisdictional limit of the county court, see § 34.01, Fla....
...[2] NOTES [1] The trial court did not have the benefit of the Nachon decision at the time of the rulings below. [2] We urge the legislature to take action to correct the conflict now existing between paragraph
26.012(2)(c), Florida Statutes (1991), and subsection
34.01(4), Florida Statutes (1991)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2480, 1985 Fla. App. LEXIS 16641
jurisdictional limit of the county court, see §
34.01(l)(c)2, Fla. Stat. (1983), and the action was transferred
CopyPublished | Florida 2nd District Court of Appeal
Martin interpreted Indiana Code section 34-1-2-1, a prior version of section 34-11-2-7(4)
CopyPublished | Supreme Court of Florida
amendment. Effective January 1, 3. Section
34.01(1)(c), Florida Statutes (2019), states that
CopyPublished | Supreme Court of Florida
See ch. 2019-58, § 9, Laws of Fla. (amending §
34.01, Fla. Stat. (2018)). 7. See Work Group Recommendations
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1282, 1985 Fla. App. LEXIS 14036
of the county court. Petitioners rely upon section
34.01(1)(b), Florida Statutes (1985), and Winn-Dixie
CopyPublished | District Court of Appeal of Florida
Statutes (1975) (Jurisdiction of Circuit Court); Section
34.01, Florida Statutes (1975) (Jurisdiction of County
CopyPublished | Florida 5th District Court of Appeal
and attorney’s fees . . . the sum of $30,000.” §
34.01(1)(c)2., Fla. Stat. (2021). 1 The Florida Supreme
CopyPublished | Florida 3rd District Court of Appeal
interest, costs, and attorney’s fees . . . .” §
34.01(1)(c), Florida Statutes (2017). CarMax
CopyPublished | District Court of Appeal of Florida
cases not cognizable by the circuit courts.” §
34.01(1)(a), Fla. Stat. Further, by Florida Statute,
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 2957455, 2014 Fla. App. LEXIS 10122
...appears so to be.” Dep’t of Children & Families v. J.J.E.,
901 So. 2d 215,
216 (Fla. 5th DCA 2005) (citing English v. McCrary,
348 So. 2d 293, 297
(Fla. 1977)).
In the criminal context, this means circuit courts may hear all cases
except adult misdemeanor offenses. See §
34.01(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida
000. §
26.012(2)(a), Fla. Stat.; §
34.01(1)(c)2., Fla. Stat. Generally, “[t]he pleading
CopyPublished | Florida 5th District Court of Appeal | 1993 WL 309054
...y court. If it exceeds the circuit court threshold, it belongs in circuit court. We also observe the practical benefit of aggregation. In the present case, for example, claims span a five year time period from 1987 to 1992. [2] For that time period, section 34.01 has three different jurisdictional maximums for county court depending on the exact date when the cause of action accrued....
CopyPublished | District Court of Appeal of Florida
complete exercise of their jurisdiction."); §
34.01, Fla. Stat. (2022) (setting forth the jurisdiction
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
that used for any other ordinance violation/ Section
34.01(1)(b), F.S., places original jurisdiction in
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 422, 41 Fla. L. Weekly Fed. D 158
...have little or no control over those actions.
-5-
Since 1990, county courts have had jurisdiction to "hear all matters in
equity," and they may handle foreclosure proceedings involving amounts within their
jurisdiction. § 34.01(4), Fla....
CopyPublished | Florida 1st District Court of Appeal
exclusive of interest and costs. See Fla.Stat. §
34.01. We find no error upon this point. Affirmed in
CopyPublished | Florida 3rd District Court of Appeal
property.”); §
34.01(1)(c), Fla. Stat. (2024) (setting jurisdictional limits of county courts); §
34.01(4), Fla
CopyPublished | Florida 2nd District Court of Appeal | 2002 WL 246577
...[3] MRI Services notes that this is an equitable proceeding as no dollar amount was sought. MRI Services thus contends that the court vested with jurisdiction was the circuit court. In 1990, the legislature gave certain equitable powers to the county court. Section 34.01(4), Florida Statutes (1997), provides that county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court. As the amount in controversy in this case does not exceed $15,000, the county court had jurisdiction. § 34.01(1)(c)(4)....
CopyPublished | Florida 2nd District Court of Appeal
limits for "actions at law" under section
34.01(1)(c), Florida Statutes (2023). Based on a plain
CopyPublished | Florida 2nd District Court of Appeal
limits for "actions at law" under section
34.01(1)(c), Florida Statutes (2023). Based on a plain
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
to the clerk of the civil court of record. Section
34.01, F. S., statutorily established the jurisdiction
CopyPublished | Supreme Court of Florida
Stat. (1969). 13 §
26.012, Fla. Stat. (2023). 14 §
34.01, Fla. Stat. (2023).
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2518, 1986 Fla. App. LEXIS 10914
petition for certiorari on the ground that section 34.-01(c)2, Florida Statutes (1985), specifies that
CopyPublished | Supreme Court of Florida
to the county court jurisdictional limit in section
34.01, Florida Statutes (2018) made by chapter 2019-58
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
exercised by the municipal courts (now abolished). Section
34.01, F. S., implements and substantially restates
CopyPublished | Florida 4th District Court of Appeal
internal quotation marks omitted). Pursuant to section
34.01, Florida Statutes (2023), county courts have
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16181
Laws of Florida, effective October 1, 1977, section
34.01(1), was amended to vest jurisdiction in the
CopyPublished | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 12152, 1993 WL 504431
...It relies upon sections
26.012(2)(c) and (g), Florida Statutes (1991) which provide that circuit courts shall have exclusive original jurisdiction in all cases in equity and in all actions involving the title and boundaries of real property (emphasis supplied). The problem in this case arises because section
34.01(4), Florida Statutes (1991) provides that county courts may hear all matters in equity involved in any case within their jurisdictional amount except as otherwise restricted by the State Constitution or the laws of Florida. Before the enactment *940 of section
34.01(4) on October 1, 1990, equity jurisdiction was exclusively in the circuit courts....
...ng circuit courts jurisdiction in "all actions involving the title, boundaries, or right of possession of real property" to "all actions involving the title and boundaries of real property." See §
26.012(2)(g), Fla. Stat. (1974 Supp). Additionally, section
34.01(4), Florida Statutes (1991), which expands the circuit courts' equity jurisdiction to include county courts, became effective October 1, 1990....
...The circuit court, however, granted appellee's motion to discharge the lien because appellant had not properly responded to its show cause action. The district court reversed the circuit court's order denying appellant's motion to dismiss appellee's complaint filed in that court. Relying upon section 34.01(4), Florida Statutes (1991), effective October 1, 1990, the court noted that county courts were now considered to be courts of competent jurisdiction to hear foreclosure actions which are equitable in nature. As previously discussed, section 34.01(4) provides that county court judges may hear all matters in equity involved in any case within the county court's jurisdictional amount except as otherwise restricted by the State Constitution or the laws of Florida....
...ed is ineffective because the action requires in rem court jurisdiction or jurisdiction over the county where the land lies. Nachon is not in conflict with Publix Super Markets. Significantly, Publix Super Markets was decided before the enactment of section 34.01(4) on October 1, 1990 which expanded the circuit courts' exclusive original jurisdiction in all equity actions to also include county courts....
...Title to real property is "[t]he right to or ownership in land." BLACK'S LAW DICTIONARY 1331 (5th ed. 1979). Because the boundaries to the property are not involved as in a quiet title or a partition action, the circuit court in the present case correctly relied upon Nachon [and section 34.01(4)] in dismissing appellant's complaint from the circuit court. Appellant's construction lien, in the amount of $757.05, is within the county court's jurisdictional limits of $15,000. See 34.01(1)(c)4., Fla....
CopyPublished | District Court of Appeal of Florida
claims and other civil claims up to $15,000.00. See §
34.01(2)(c), Fla. Stat. (2014). Neither the transcript
CopyPublished | District Court of Appeal of Florida
the State Constitution or the laws of Florida.” §
34.01(4), Fla. Stat. (2016). Lien foreclosure actions
CopyPublished | District Court of Appeal of Florida
felonies and county courts over misdemeanors. §
34.01, Fla. Stat. (2019); §
26.012, Fla. Stat. (2019)
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16720
garnishment actions in the county court. See Section
34.01, Florida Statutes (1977). This is particularly
CopyPublished | Supreme Court of Florida
See ch. 2019-58, § 9, Laws of Fla. (amending §
34.01, Fla. Stat. (2018)).
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1863, 1985 Fla. App. LEXIS 15170
where damages sought are less than $5,000.00. §
34.01, Fla.Stat. This case is for $300.00. The fact that