NESTOR GONZALEZ, APPELLANT,
v.
FRANCOISE BENOIT, APPELLEE
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Gonzalez, a residential tenant, appealed the circuit court's dismissal of his complaint for lack of subject matter jurisdiction after his landlord Benoit terminated electrical service and changed the locks to his apartment. The Third District Court of Appeal reversed, holding that the circuit court has jurisdiction over landlord-tenant cases involving claims exceeding $5,000 or seeking ejectment or equitable relief, and remanded for Gonzalez to have an opportunity to properly plead entitlement to injunctive relief.
The circuit court has subject matter jurisdiction over landlord-tenant cases where: (1) the monetary claim exceeds $5,000, invoking concurrent jurisdiction under Florida Statutes § 34.011(1); (2) the tenant seeks ejectment for restoration of possession, which falls within circuit court jurisdiction under §§ 34.011(2) and 26.012(2)(f); or (3) the tenant seeks equitable relief such as an injunction under § 26.012(2)(e). However, the plaintiff failed to allege sufficient facts to demonstrate entitlement to temporary injunctive relief.
[1] A circuit court has subject matter jurisdiction over a landlord-tenant action where the claim for monetary relief, in good faith, exceeds the jurisdictional amount for co…
[2] A residential tenant seeking to be restored to possession, following the abolition of unlawful detainer and forcible entry remedies, must file a suit in ejectment, which…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the jurisdictional framework allowing circuit court to hear landlord-tenant cases with claims exceeding county court limits
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Join FLexlaw to unlock all legal intelligenceIn June 1980, Gonzalez entered into a month-to-month tenancy in a motel apartment owned by Benoit for $200 per month, with Benoit agreeing to provide …
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NESBITT, Judge.
Gonzalez appeals the order of the circuit court dismissing his complaint for lack of subject matter jurisdiction.
The complaint alleges that in June of 1980 Gonzalez went into possession of a motel apartment owned by the defendant, Benoit. Pursuant to a month-to-month tenancy, Gonzalez agreed to pay $200 per month and Benoit agreed to provide electrical service. On February 10,1981, Gonzalez tendered, and the defendant accepted, $200 for February 1 through February 28. The complaint further alleges that the landlord terminated electrical power to the tenant’s apartment on February 25, 1981. On March 4, it is alleged, the landlord changed the locks at the entrance of plaintiff’s apartment, depriving him of access. 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.Stat. (Supp.1980). 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). 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. 26.012.
Formerly, the actions for unlawful detainer and forcible entry were adequate remedies to return a tenant to possession and these actions were properly brought in the county court. However, by Chapter 73-330, Section 13, Laws of Florida, as codified in Sections 82.02, 82.04, and 82.081(2), Florida Statutes (1973), these remedies are no longer available to a residential tenant.
We have discovered no cases which discuss the void created by the legislature’s withdrawal of the remedies of unlawful detainer and forcible entry. 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.Stat. (1979). Consequently, the only possessory remedy for a residential tenant lies in circuit court.2
Finally, plaintiff claims that he is entitled to an injunction which would bring this cause of action within the jurisdiction of the circuit court, pursuant to Section 26.-012(2)(e), Florida Statutes (1979). While we agree that the circuit court has jurisdiction over cases in equity, we find that the plaintiff, under the allegations before us, is not entitled to temporary injunctive relief.
A request for an injunction to prevent a breach of contract is tantamount to a suit for specific performance, Hotel and Restaurant Employees and Bartenders Union v. Boca Raton Club, 73 So. 2d 867 (Fla.1954); Professional Golfers Association of America v. Bankers Life and Casualty Co., 166 So. 2d 488 (Fla. 2d DCA 1964), and, as such, the courts are more reluctant to issue injunctions of this type than prohibitory injunctions. To justify the granting of a temporary mandatory injunction, the party seeking relief must allege facts to clearly and unequivocally indicate that: (1) irreparable harm will otherwise result; (2) there is a clear legal right; and (3) the remedy at law is inadequate. Contemporary Interiors, Inc. v. Four Marks, Inc., 384 So. 2d 734 (Fla. 4th DCA 1980).
In the present case, the plaintiff has failed to plead sufficient facts from which we can conclude that irreparable injury will result. The conclusory allegations made by the tenant are insufficient. Contemporary Interiors, Inc., supra. Irreparable injury is an injury of such nature that it cannot be redressed in a court of law; an injury for which monetary compensation will not suffice. Professional Golfers Association of America, supra. At first appearance, ejectment seems to be inadequate for a month-to-month tenant because the landlord could terminate the lease before the tenant’s action matures to judgment [fifteen days’ notice is required. § 83.57(3), Fla.Stat. (1979)]. However, we find that the remedy to be afforded a tenant who is ousted from possession can be no greater than the right he would have enjoyed in the absence of the landlord’s breach. While we recognize that there may be a unique case in which irreparable injury would occur, in the vast majority of cases, a tenant evicted from his dwelling can obtain substantially similar housing and then seek redress through the remedies available to him at law. We, therefore, find that ejectment in conjunction with money damages will ordinarily afford the dispossessed tenant an adequate remedy.
We conclude that generally the circuit court has jurisdiction over a properly pled complaint for monetary relief, ejectment, or injunctive relief. In this case, the plaintiff has stated a cause of action for monetary relief but has failed to state a cause of action for temporary injunctive relief.3 We reverse the order dismissing the complaint for lack of jurisdiction. Because we reverse, the plaintiff should be given the opportunity to properly plead an entitlement to injunctive relief.
Reversed and remanded.
. Section 83.55, Florida Statutes (1979) provides a basis for compensatory damages. If, at any point during the litigation, it is revealed that the maximum potential liability is below the jurisdictional amount, then appropriate procedural remedies are available to the defendant. Augustine v. Southern Bell Telephone and Telegraph Co., 91 So. 2d 320 (Fla.1956). Since we find the claim for compensatory damages sufficient to invoke jurisdiction, we need not determine if the plaintiff stated a cause of action for punitive damages.
. As we stated with respect to the claim for punitive damages, the action for ejectment is not necessary to invoke circuit court jurisdiction. Consequently, we need not presently decide whether the plaintiff stated a cause of action for ejectment.
. While our finding, that the tenant failed to state a cause of action for injunctive relief, is unnecessary to the jurisdictional question before us, we reach this issue because of the nature of the remedy sought.
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Jacksonville Elec. Auth. v. Beemik Builders & Constructors, Inc., 487 So. 2d 372 (Fla. 1st DCA 1986)…if money damages are available as a remedy. City of Miami Springs v. Steffen, 423 So. 2d 930 (Fla.3d DCA 1982). In a contract action, injunctive relief is seldom the appropriate remedy, as money damages are ordinarily available. Gonzalez v. Benoit, 424 So. 2d 957, 959 (Fla.3d DCA 1983); Professional Golfers Association of America v. Banker’s Life and Casualty Co., 166 So. 2d [*374] 488 (Fla.2d DCA 1964). In the instant case, the injury which appellee alleges is one that may be remedied by an action at law fo…
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Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys., 685 So. 2d 904 (Fla. 4th DCA 1996)…v. Driggers, 101 So. 2d 58, 60 (Fla. 1st DCA 1958). More specifically: “Irreparable injury is an injury of such nature that it cannot be redressed in a court of law; an injury for which monetary compensation will not suffice.” Gonzalez v. Benoit, 424 So. 2d 957, 959 (Fla. 3d DCA 1983), receded from on other grounds, Nash v. Hunt, 434 So. 2d 51 (Fla. 3d DCA 1983). In other words, if the party seeking equitable relief has a right to monetary compensation that is fair and adequate, then the court lacks equita…
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Herrell v. Seyfarth, 491 So. 2d 1173 (Fla. 1st DCA 1986)…County, 441 So. 2d 1103 (Fla. 5th DCA 1983), pet. rev. dismissed, 447 So. 2d 886 (Fla. 1984) (claim for eviction and counterclaim for damages in excess of $5,000 placed jurisdiction in the circuit court to consider both issues); Gonzalez v. Benoit, 424 So. 2d 957 (Fla. 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…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Augustine v. S. Bell Tel. & Tel. Co., 91 So. 2d 320 (Fla. 1956)
- Contemporary Interiors, Inc. v. Four Marks, Inc., 384 So. 2d 734 (Fla. 4th DCA 1980)
- Dade Cnty. v. Lambert, 334 So. 2d 844 (Fla. 3d DCA 1976)
- Hotel & Rest. Emps. & Bartenders Union v. Boca Raton Club, Inc., 73 So. 2d 867 (Fla. 1954)
- The Prof'l Golfers Ass'n OF Am. v. Bankers Life & Cas. Co., 166 So. 2d 488 (Fla. 2d DCA 1964)