SOL M. ROSS, AS TRUSTEE OF THE DAVID SCOTT ROSS AND JO ANNE ROSS TRUST, PETITIONER,
v.
STEVE M. BARNETT AND LOIS M. RAMER, F/K/A LOIS M. BARNETT, F/K/A LOIS M. ROSS, AS TRUSTEES OF THE BARNETT FAMILY TRUST, RESPONDENTS

Fla. 3d DCA | 1983-08-23
No. 83-1522
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.
436 So. 2d 1040 Florida District Court of Appeal, Third District (1983) Negative Treatment
Cited by 8 cases
Topics
Good Faith Allegations Amount In Controversy

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant the petition for certiorari which seeks review of an order of the Circuit Court transferring Count II of the complaint to the County Court upon the ground that the amount in controversy was less than $5,000, the jurisdictional requisite for the Circuit Court to hear the matter. We quash the order of transfer upon a holding that it cannot be concluded from the record now before us that the amount in controversy is indisputably less than $5,000 or that the allegations of Count II claiming entitlement to an amount in excess of $5,000 were not made in good faith. See Norris v. Southern Bell Telephone & Telegraph Company, 324 So. 2d 108 (Fla. 3d DCA 1975); Thibadeau v. Santini Bros., Inc., 315 So. 2d 550 (Fla. 4th DCA 1975). If later developments in the case show without dispute that the amount in controversy is less than $5,000, the trial court is free to transfer Count II. Norris v. Southern Bell Telephone & Telegraph Company, 324 So. 2d at 109.

Certiorari granted; order quashed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Luis F. Soler and Maria v. Soler, 625 So. 2d 905 (Fla. 3d DCA 1993)
    …se it cannot be concluded from the record now before us that the amount in controversy is indisputably less than $15,000 or that the allegations claiming entitlement to an amount in excess of $15,000 were not made in good faith. See Ross v. Barnett, 436 So. 2d 1040, 1041 (Fla. 3d DCA 1983); Norris v. Southern Bell Tel. & Tel. Co., 324 So. 2d 108 (Fla. 3d DCA 1975). If later developments in the case show without dispute that the amount in controversy is less than $15,000, the trial court is free to transfer the…
  • Diamond v. Elvis Towing, Inc., 268 So. 3d 249 (Fla. 2d DCA 2019)
    …not be said that such a conclusion appears without issue. It is not our purpose to preclude by this opinion a transfer if later developments in this case substantiate the trial judge's conclusion in the order appealed. See also Ross v. Barnett, 436 So. 2d 1040, 1041 (Fla. 3d DCA 1983) (quashing order transferring case to county court where it could not be concluded from the record on appeal that the amount in controversy was unquestionably less than the jurisdictional threshold or that the allegations…
  • Pollack v. Three Horizons N. Condo., Inc., 457 So. 2d 1152 (Fla. 3d DCA 1984)
    …, and that the circuit court, which alone has jurisdiction in such a proceeding, therefore improperly transferred the cause to the county court, the petition for certio-rari is granted, Tantillo v. Miliman, 87 So. 2d 413 (Fla.1956); Ross v. Barnett, 436 So. 2d 1040 (Fla. 3d DCA 1983), and the order of transfer under review is quashed.…

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