CopyCited 312 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 3656, 108 Fair Empl. Prac. Cas. (BNA) 897, 2010 WL 605582
Alabama Personnel Board, Merit System. Ala.Code § 34-11-14. The Department, armed with a consistent interpretation
CopyCited 24 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 503, 2008 Fla. LEXIS 1236, 2008 WL 2679160
...ment under chapter 66 (despite the fact that the summons and complaint explicitly sought ejectment and never referred to section
83.21); (2) section
83.21 permits resort to the summary procedure provided in section
51.011; and (3) sections
83.21 and
34.011, Florida Statutes (2006), vest county courts with subject-matter jurisdiction to entertain tenant-removal actions....
...iner and tenant-removal actions (subject to their amount-in-controversy limit). Compare art. V, § 20(c)(3), Fla. Const., and §
26.012(2)(f), Fla. Stat. (2006) (vesting circuit courts with exclusive original jurisdiction in ejectment actions), with §
34.011(1)-(2), Fla....
...Given the facts of this case, and assuming compliance with the amount-in-controversy requirement, V-Strategic could have filed either an ejectment action in circuit court, an unlawful-detainer action in county court, or a tenant-removal action in county court. See §§
26.012(2)(f),
34.011, Fla....
...[8] If, however, a damage claim was presented and the amount in controversy exceeded $15,000, the Broward County Circuit Court would have been the proper court in which to bring any of the three above-mentioned causes of action. See §§
34.01(1)(c),
34.011, Fla....
CopyCited 9 times | Published | United States Bankruptcy Court, M.D. Florida | 1981 Bankr. LEXIS 3993
...le Time Hamburgers restaurant located in this particular shopping center. On January 23, 1981, Largo Village filed a complaint in the County Court for Pinellas County, Florida, and sought a judgment for possession of the premises based on Fla. Stat. § 34.011 (1979)....
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...
...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 6 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 794, 1986 Fla. App. LEXIS 7116
...The relationship at that point was owner and trespasser the exact situation for which a writ of possession is required. Redding's lease was extinguished simultaneously with his landlord's title, from whence it was derived. The appellant's second argument is also without substance. He contends that section 34.011(2), Florida Statutes (1983), gives exclusive jurisdiction to the county court in regard to landlord-tenant possessory actions. The argument fails for two reasons: (1) Redding was never Stockton's tenant, as explained in the preceding paragraph, and (2) section 34.011 relating to the county court's jurisdiction in possessory actions against real property expressly recognizes and excepts from county court jurisdiction the exclusive jurisdiction of the circuit court in all cases in equity....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...It, therefore, appears that the circuit court here has taken jurisdiction to declare defenses which it would ordinarily be called upon to review in an appellate proceeding. The county court has exclusive jurisdiction in landlord and tenant actions. See Section 34.011(2), Florida Statutes (1975)....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1986 WL 1167018
power to resolve such conflicts. See, Fla.Stat. §
34.011 (1975). Consequently, we find that Craft is inapplicable
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 17649
...Subject matter jurisdiction is conferred on a court by the state constitution and applicable statutes. See Lovett,
112 So. at 775. Article V, section 6(b) of the Florida Constitution provides that county courts shall "exercise the jurisdiction prescribed by general law." Section
34.011(2), Florida Statutes (1995), gives county courts "jurisdiction of proceedings relating to the right of possession of real property and to the forcible or unlawful detention of lands and tenements." Based on these authorities, the trial...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1979 Fla. App. LEXIS 14819
...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....
...'s holdover, the two grounds for regaining leased property over which the county court is given jurisdiction under Sections
83.20-83.251, Florida Statutes (1977). The county court has additional jurisdiction over landlord-tenant matters by virtue of Section
34.011(2)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...ejectment. However, we agree with the lower court's and circuit court's conclusion that the allegations of the complaint raised an eviction claim and not one for ejectment, which gave the county court subject matter jurisdiction over the case under section 34.011, Florida Statutes (2006)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...At the time the complaint was filed, Fla. Stat. §
26.012 provided: "(2) [Circuit courts] shall have exclusive original jurisdiction: * * * * * * (g) In all actions involving the title, boundaries, or right of possession of real property." This section, as well as Fla. Stat. §
34.011(2) (which deals with jurisdiction of the county court) were amended in Ch....
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....
...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.......
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1983 Bankr. LEXIS 4951
...In response to this Complaint, the Trustee has filed an Answer, Affirmative Defenses, and Counterclaim. In his Affirmative Defenses, he alleges that the Circuit Court Order of possession of the demised premises of June 15, 1983 is void, because the Circuit Court lacked subject matter jurisdiction, under § 34.011(2), Fla....
...Court lacked subject matter jurisdiction to rule on the claim for possession of the demised premises. Section
26.012(2)(f), Fla.Stat. (1979) gives the circuit courts of the state of Florida exclusive original jurisdiction "in actions of ejectment." Section
34.011(2), Fla.Stat....
...tion of the Circuit Court, these cases are implicit authority for a determination on the subject matter jurisdiction of the Circuit Court as to the claim of the sublessor REILLY for possession of the demised property. Because both §§
26.012(2) and
34.011(2) use the words "exclusive jurisdiction," the finding *574 that the County Court has exclusive jurisdiction in landlord tenant possessory cases necessarily dictates, by definition, a finding that the Circuit Court lacks jurisdiction over the same subject matter....
...Counts I and II of the Circuit Court Complaint sought judgments for $95,320.77 as damages under a Promissory Note and for breach of the sublease. As to Counts I and II the Circuit Court clearly possessed jurisdiction to hear and try these issues. See §§
26.012(2)(a),
34.011(1), and
34.01(2), Fla.Stat. (1979). As to the possessory claim of Count III, however, this Court is unable to find any Florida law recognizing ancillary jurisdiction of the Circuit Court to hear this issue; and, as this Court has previously found, the applicable Statute in §
34.011(2) plainly gives the County Court exclusive subject matter jurisdiction of such possessory claims....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 1215, 1990 WL 17494
...In February, 1988 control of the condominium association was turned over to the unit owners. Later that year, Waterside terminated the lease. See §
718.302, Fla. Stat. (1987). After A-One declined to vacate the premises, Waterside brought an action for eviction in county court. See §
34.011(2), Fla....
...A-One counterclaimed for equitable and declaratory relief. As the counterclaim was within the jurisdiction of the circuit court, §
26.012, Fla. Stat. (1987), the county court transferred the counterclaim to the circuit court. See Fla.R.Civ.P. 1.170(j); §
34.011(2), Fla....
...ions relating to the county court. See id. at 872. In 1977, the legislature amended the county court jurisdictional statute. Ch. 77-135, s. 2, Laws of Fla.; see Art. V, § 6(b) Fla. Const. (1968, as amended). The amendment added a new sentence to subsection
34.011(2), Florida Statutes, so that the statute now 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.
26.012. In cases transferred to the circuit court pursuant to Rule 1.170(j), Florida Rules of Civil Procedure, or Rule 7.100(a), Florida Rules of Summary Procedure, the demands of all parties shall be resolved by the circuit court. §
34.011(2), Fla....
...was correct in transferring the appeal to our court. With regard to the merits, first, we agree with the trial court that an action under section
718.302, Florida Statutes (1987), is an action for possession of real property within the meaning of subsection
34.011(2), Florida Statutes (1987), which is within the county court jurisdiction....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1961, 1986 Fla. App. LEXIS 9651
jurisdiction to order the removal of tenants. §
34.011, Fla.Stat. (1983). Section
83.20(2) authorizes
CopyPublished | Florida 1st District Court of Appeal
Jacksonville Beach, Fla., Code § 34- 11 347(c)(3)(k.) (emphasis added)
CopyPublished | Florida 2nd District Court of Appeal
two-year statute of limitations. See Ind. Code § 34-11-2-4(a) (2009). After the trial court
CopyPublished | Supreme Court of Florida | 1967 Fla. LEXIS 3932
fees paid the prosecutor in county courts. Section 34.11 prescribes the fees to be paid the latter prosecutor
CopyPublished | Florida 6th District Court of Appeal
right of possession of real property” under section
34.011(2), Florida Statutes (2022), is subject to
CopyPublished | District Court of Appeal of Florida
binding precedent of this court, we agree. Section
34.011 of the Florida Statutes establishes county
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20496
circuit court to enter a judgment of possession. § 34.-011(1), Fla.Stat. (1979); Williams v. Gund, 334 So
CopyPublished | District Court of Appeal of Florida
where this case undisputedly was properly filed. §
34.011(2), Fla. Stat.; Pro-Art Dental Lab, Inc. v. V-Strategic
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18630
landlord and tenant case, is fixed by statute. Section
34.011, Fla.Stat. (1981). The administrative order
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 55, 1985 Fla. App. LEXIS 5939
court pursuant to section 34.-011(2), Florida Statutes (1983). We disagree. Section
34.011(2) gives the county
