DREW C. HARTLEY, APPELLANT,
v.
TIFFT, ROMINE, FENNIMORE, MIXON, BLUE, AND JOHN DOES, APPELLEES
DREW C. HARTLEY, APPELLANT,
TIFFT, ROMINE, FENNIMORE, MIXON, BLUE, AND JOHN DOES, APPELLEES
87 So. 3d 54
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 3 cases
Opinion of the Court
Finding appellees’ motion for remand and notice of concession of error to be well-taken, the order dismissing the complaint without prejudice is quashed and the cause is remanded with instructions to allow appellant leave to amend his complaint. If appellant fails to sufficiently allege an amount in controversy to meet the jurisdictional requirements of the circuit court, the complaint should be trans-feiTed to the county court. See Spradley v. Doe, 612 So.2d 722 (Fla. 1st DCA 1993) (holding that an order dismissing a complaint for lack of subject matter jurisdiction to be error and remanding the case for transfer to the county court).
BENTON, C.J., ROWE and MAKAR, JJ., concur.
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Citator
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Edwards v. Jones, 221 So. 3d 770 (Fla. 1st DCA 2017)…ase. This jurisdictional deficiency requires reversal of the circuit court’s order and remand for the entry of an order transferring the case to the county court. Spradley v. Doe, 612 So. 2d 722 [*772] (Fla. 1st DCA 1993); see also Hartley v. Tifft, 87 So. 3d 54 (Fla. 1st DCA 2012).1 Appellee requests that we find that the end result would be the same under a harmless error analysis citing Special v. West Boca Medical Center, 160 So. 3d 1251 (Fla. 2014). However, “a lack of subject matter jurisdiction rend…
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Dep't of Child. & Families & Statewide Guardian AD Litem v. J.J. (Fla. 5th DCA 2023)…Stat. (emphasis added). In the December 5th Order, the trial court stated that DCF must show that Father “actually abused or neglected the children.” As support for this statement, the trial court cited to J.L. v. Department of Children & Families, 87 So. 3d 54 (Fla. 5th DCA 2012). However, in 2017, section 39.507(7)(b) was amended to specifically state that the “petitioner is not required to prove actual harm or actual abuse by the second parent in order for the court to make supplemental findings regardi…
Authorities Cited
- Spradley v. DOE, 612 So. 2d 722 (Fla. 1st DCA 1993)