JOZU ENTERPRISES, INC., APPELLANT,
v.
GUILLERMO MULLER, APPELLEE
JOZU ENTERPRISES, INC., APPELLANT,
GUILLERMO MULLER, APPELLEE
400 So. 2d 831
Florida District Court of Appeal, Third District (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the order of the trial court denying defendant’s motion for relief from judgment presented pursuant to Florida Rule of Civil Procedure 1.540(b)(4) on the ground that the judgment was void because it affirmatively appears that the allegations in the ad damnum clause were insufficient to confer jurisdiction on the circuit court to enter a judgment of possession. § 34.-011(1), Fla.Stat. (1979); Williams v. Gund, 334 So. 2d 314 (Fla.2d DCA 1976); Fla.R. Civ.P. 1.110(b)(1).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Baldwin SOD Farms, Inc. v. Corrigan, 746 So. 2d 1198 (Fla. 4th DCA 1999)…in controversy. It is well settled that where [*1203] the jurisdiction of the circuit court is dependent on the amount in controversy the test is the amount claimed and put into controversy in good faith.” Id. See also Jozu Enters., Inc. v. Muller, 400 So. 2d 831 (Fla. 3d DCA 1981) (allegations in the ad damnum clause were insufficient to confer jurisdiction on circuit court to enter judgment of possession). Although Corrigan was precluded by the bankruptcy court from seeking damages, it did ask the court t…
Authorities Cited
- Williams v. Gund, 334 So. 2d 314 (Fla. 2d DCA 1976)