CHRISTOPHER BOWERS, APPELLANT,
v.
TERESA A. PARRISH (HIGHTOWER), APPELLEE
Explore caselaw by topic → Browse Transfer Of Action cases and more on FLexlaw
PER CURIAM.
The trial court correctly concluded that the total amount of damages appellant claimed in good faith from appellee in his complaint for conversion and civil theft fell below the statutory minimum amount necessary to invoke its jurisdiction. See § § 26.012(2)(a) & 34.01(l)(c)4, Fla. Stat. (1999). “Separate and distinct claims, even against the same defendant, cannot be aggregated in order to meet the juris dictional threshold.” See Grunewald v. Warren, 655 So. 2d 1227, 1230 (Fla. 1st DCA 1995) (citations omitted).
However, as we have held, “a better alternative to dismissal in the event that alleged damages are below the jurisdictional amount for the circuit court is a transfer of that action to the county court.” Aysisayh v. Ellis, 497 So. 2d 1316, 1317 (Fla. 1st DCA 1986). Accordingly, we reverse the order of dismissal and remand for entry of an order transferring the action to the county court pursuant to rule 1.060(a), Florida Rules of Civil Procedure.
REVERSED and REMANDED, with directions.
ALLEN, C.J., WEBSTER and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Edwards v. Jones, 221 So. 3d 770 (Fla. 1st DCA 2017)…er jurisdiction we would be compelled to reverse. "[A] better alternative to dismissal in the event that alleged damages are below the jurisdictional amount for the circuit court is a transfer of that action to the county court.'' Bowers v. Parrish, 845 So. 2d 251, 251 (Fla. 1st DCA 2003) (quoting Aysisayh v. Ellis, 497 So. 2d 1316, 1317 (Fla. 1st DCA 1986)).…
Authorities Cited
- Waadew Aysisayh v. C.W. Ellis, 497 So. 2d 1316 (Fla. 1st DCA 1986)
- Grunewald v. Warren, 655 So. 2d 1227 (Fla. 1st DCA 1995)