JON SCHUYLER BROOKS, APPELLANT,
v.
OCEAN VILLAGE CONDOMINIUM ASSOCIATION, INC., APPELLEE
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Brooks appeals the denial of his motion to set aside a default judgment in a condominium lien foreclosure action. The court reversed, holding that the circuit court lacked jurisdiction over the case because the amount in dispute fell within the county court's jurisdictional limit, requiring transfer to county court.
The circuit court lacked jurisdiction over the condominium lien foreclosure action because the amount at issue ($3,984.44) was within the county court's jurisdictional limit. Accordingly, the default and default judgment were vacated and the case was remanded with directions to transfer it to county court.
[1] A county court has jurisdiction to hear matters in equity involved in any case within its jurisdictional amount, unless otherwise restricted by the Florida Constitution o…
[2] A circuit court lacks jurisdiction to enter a default and default judgment in a case that falls within the jurisdictional limits of the county court.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a 'court of competent jurisdiction' to hear foreclosure actions, which are equitable in nature, now includes the County Court”
Establishes that county courts have jurisdiction over foreclosure actions, which are equitable in nature
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Join FLexlaw to unlock all legal intelligenceOcean Village Condominium Association filed a complaint against Brooks, a condominium unit owner, seeking to foreclose a lien for unpaid condominium a…
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PER CURIAM.
Jon Schuyler Brooks appeals an order denying his motion to set aside a default and default judgment. We reverse.
Appellee Ocean Village Condominium Association, Inc., filed a complaint in circuit court against Brooks, the owner of a condominium unit at Ocean Village. Count I sought to foreclose a claim of lien for condominium assessments under section 718.116, Florida Statutes (1991). The asserted amount of the lien was $3,984.44. Count II of the complaint sought damages for the same unpaid amounts. There was correspondence and other communications between the parties which need not be detailed here. 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.Stat. (1991); see Ch. 90-269, § 1, Laws of Fla. This court has recently construed the statute to mean that “a ‘court of competent jurisdiction’ to hear foreclosure actions, which are equitable in nature, now includes the County Court.” Nachon Enterprises, Inc. v. Alexdex Corp., 615 So. 2d 245, 246 (Fla. 3d DCA), review granted, 626 So. 2d 203 (Fla.1993). In so holding this court impliedly agreed with the rationale of Spradley v. Doe, 612 So. 2d 722 (Fla. 1st DCA 1993). 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.Stat. (1991), it follows that the county court had jurisdiction of this case. We conclude that the circuit court was without jurisdiction to enter the default and default judgment'. Accordingly, we vacate the default and default judgment, and remand with directions to transfer the case to county court.
In our view some of the owner’s alternative arguments for relief from the default have merit. Since the jurisdictional issue is dis-positive, however, we need not reach the owner’s alternative contentions.
Reversed and remanded with directions.2
. The trial court did not have the benefit of the Nachon decision at the time of the rulings below.
. 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). See Spradley v. Doe, 612 So. 2d 722, 723-24 (Fla. 1st DCA 1993). In our view the statutes prescribing the jurisdiction of the county and circuit courts should be clear and unequivocal.
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Arjomand v. Alec J. Ross, 633 So. 2d 1122 (Fla. 3d DCA 1994)…PER CURIAM. Affirmed. See Zaucha v. Town of Medley, 66 So. 2d 238 (Fla.1953); Brooks v. Ocean Village Condominium Ass’n, 625 So. 2d 111 (Fla. 3d DCA 1993); Cain & Bultman, Inc. v. Miss Sam, Inc., 409 So. 2d 114 (Fla. 5th DCA 1982); see also Paterson v. Brafman; 530 So. 2d 499 (Fla. 3d DCA 1988).…
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Brooks v. Ocean Vill. Condo. Ass'n, Inc., 656 So. 2d 275 (Fla. 3d DCA 1995)…PER CURIAM. This case is before us on remand from Ocean Village Condominium Association, Inc. v. Brooks, 649 So. 2d 230 (Fla.1995), quashing Brooks v. Ocean Village Condominium Association, Inc., 625 So. 2d 111 (Fla. 3d DCA 1993). The Florida Supreme Court’s opinion resolves the jurisdictional question which was the basis of this court’s earlier decision, and remands for further proceedings in this court. 649 So. 2d at 231; see also 625 So. 2d at 112 (leav…
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Ocean Vill. Condo. Ass'n, Inc. v. Brooks, 649 So. 2d 230 (Fla. 1995)…PER CURIAM. We review Brooks v. Ocean Village Condominium Association, Inc., 625 So. 2d 111 (Fla. 3d DCA 1993), in which the court predicated its decision on Nachon Enterprises, Inc. v. Alexdex Corp., 615 So. 2d 245 (Fla. 3d DCA 1993) (Nachon I), which was pending review in this Court. We have jurisdiction under article V, section 3(b)(3)…
Authorities Cited
- Spradley v. DOE, 612 So. 2d 722 (Fla. 1st DCA 1993)
- Nachon Enters. Inc. v. Alexdex Corp., 615 So. 2d 245 (Fla. 3d DCA 1993)