ROBERT J. BOGDANOFF, APPELLANT,
v.
BROKEN SOUND CLUB, INC., APPELLEE

Fla. 4th DCA | 2014-12-03
No. 4D13-3124
CIKLIN, CONNER and FORST, JJ., concur.
154 So. 3d 410 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 5 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Robert Bogdanoff appeals a summary judgment against him in a case brought by Broken Sound Club to recover delinquent membership dues and fees. The Fourth District Court of Appeal affirmed the trial court's judgment and the transfer of the case from county court to circuit court, holding that no amended complaint was required when the amount owed accrued beyond the county court's jurisdictional limit during pending litigation.


Holding

The circuit court properly exercised subject matter jurisdiction over the transferred case, and no amended complaint was required to allege the jurisdictional limits of the circuit court. The court held that when the amount owed for ongoing fees and assessments continues to accrue during litigation and exceeds the county court's jurisdictional limit, the transfer is necessary to allow the plaintiff to obtain full relief, and the original allegations are sufficient to put the defendant on notice.


Headnotes

[1] A court's subject matter jurisdiction is generally determined by the good-faith allegations in the complaint regarding the amount in controversy.

[2] A county court is precluded from entering a judgment for damages exceeding its mandated jurisdictional limit, regardless of the plaintiff's good-faith demand at the time…

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Key Quotes

“notwithstanding the bona fides of the plaintiffs demand at the time of institution of suit, as a matter of judicial power the county court is precluded from entering a judgment for damages in excess of its mandated jurisdiction.”

Establishes the twofold test for subject matter jurisdiction—that regardless of initial allegations, the county court lacks judicial power to enter a judgment exceeding its jurisdictional limit.

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Facts & Procedural History

Broken Sound Club sued Bogdanoff to recover delinquent dues and fees from his membership. The original complaint alleged an amount within the county c…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Robert J. Bogdanoff appeals the final order of summary judgment entered against him and in favor of Appellee Broken Sound Club, Inc. (“Broken Sound”) on its complaint to recover delinquent dues and fees from Appellant’s membership in Broken Sound Club. Appellant also appeals the order granting Broken Sound’s motion to transfer the cause from county court to circuit court, the order granting Broken Sound’s motion to dismiss his counterclaim, and the denial of his motion to disqualify a judge. We find no error in the trial court’s decisions below and, therefore, affirm the final judgment without further comment except as to the issue of the transfer of the case from county court to circuit court.

Appellant maintains that the transfer of his case to the circuit court was improper because Broken Sound’s complaint only alleged the jurisdictional limits of the county court and no amended complaint was filed, leaving the circuit court without subject matter jurisdiction to hear the case. We review the question of subject matter jurisdiction de novo. Sanchez v. Fernandez, 915 So.2d 192, 192 (Fla. 4th DCA 2005).

The parties correctly assert that a court’s subject matter jurisdiction over a case generally depends on the good-faith allegations in the complaint as to an amount in controversy. See Wendler v. City of St. Augustine, 108 So.3d 1141, 1143 n. 3 (Fla. 5th DCA 2013). While recognizing this, the Florida Supreme Court has stated that the test is twofold and held that, “notwithstanding the bona tides of the plaintiffs demand at the time of institution of suit, as a matter of judicial power the county court is precluded from entering a judgment for damages in excess of its mandated jurisdiction.” White v. Marine Transp. Lines, Inc., 372 So.2d 81, 84 (Fla.1979). Since 1992, the county court has had jurisdiction to hear matters in controversy not exceeding $15,000. § 34.01(1X0), Fla. Stat. (2012).

*412In our instant case, transfer of the cause was proper where the amount owed by Appellant to Broken Sound continued to accrue over the years of pending litigation and the county court would have been precluded from entering a final judgment as to the correct amount owed, which exceeded $15,000. While Appellant does not challenge the jurisdictional limitation of the county or circuit court, he asserts that Broken Sound’s failure to amend the original complaint to invoke the subject matter jurisdiction of the circuit court deprives the circuit court of that jurisdiction.

“If it should appear at any time that an action is pending in the wrong court of any county, it may be transferred to the proper court within said county by the same method as provided in rule 1.170(j).” Fla. R. Civ. P. 1.060(a). Rule 1.170(j), governing transfers of actions when counterclaims and crossclaims are added to make the demand exceed the jurisdictional limitation of a court, notes that the transfer should occur “with only such alterations in the pleadings as are essential.” Fla. R. Civ. P. 1.170(j). What is essential to a pleading is what is necessary to put the other party on notice of what is to be tried and claimed for relief. See Fla. R. Civ. P. 1.110(b); Brown v. Gardens by the Sea S. Condo. Ass’n, 424 So.2d 181, 183 (Fla. 4th DCA 1983).

Whereas the allegations in the complaint were sufficient to put Appellant on notice that monthly dues and fees would continue to accrue after the filing of the complaint, it was not essential for Broken Sound to amend the complaint to reflect such accrual. We therefore hold that no amended complaint is required to allege the jurisdictional limits of the circuit court when transferring a cause from the county court where the transfer is necessary to allow a plaintiff to obtain full relief relating to fees and assessments originally pled that continue to accrue while litigation is pending.

Affirmed.

CIKLIN, CONNER and FORST, JJ., concur.


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Citator

Cited By

  • Orna Mammon v. SCI Funeral Servs. OF Fla. Inc., 193 So. 3d 980 (Fla. 4th DCA 2016)
    …ged faith based burial requirements and whether the Defendants] failed to comport with Jewish burial customs and traditions. 3. The Parties’ Arguments on Appeal This appeal followed. Our review is de novo. See Bogdanoff v. Broken Sound Club, Inc., 154 So. 3d 410, 411 (Fla. 4th DCA 2014) (an appellate court reviews de novo a motion to dismiss challenging subject matter jurisdiction). The widow primarily argues the circuit court erred in finding that the disposition of her complaint would require “an interpr…
  • Plutt v. Ross, 230 So. 3d 883 (Fla. 4th DCA 2017)
    …ees. See §§ 26.012(2)(a) and 34.01(l)(c), Fla. Stat. (2016). “[A] court’s subject matter jurisdiction over a case generally depends on the good-faith allegations in the complaint as to an amount in controversy.” Bogdanoff v. Broken Sound Club, Inc., 154 So. 3d 410, 411 (Fla. 4th DCA 2014). “The test in determining the jurisdiction of the court ‘is the amount in good faith claimed or put in controversy when the action, is commenced.’” Thibadeau v. Santini Bros., Inc., 315 So. 2d 550, 552 (Fla. 4th DCA 1975) (q…
  • Altomare v. Boca W. Country Club, Inc., 396 So. 3d 412 (Fla. 4th DCA 2024)
    …a matter of judicial power the county court is precluded from entering a judgment for damages in excess of its mandated jurisdiction. White v. Marine Transp. Lines, Inc., 372 So. 2d 81, 84 (Fla. 1979); see also Bogdanoff v. Broken Sound Club, Inc., 154 So. 3d 410, 411 (Fla. 4th DCA 2014). ---PAGE 3--- 3 The County Court erred in entering a judgment exceeding its monetary jurisdictional limits. We therefore reverse and remand the case for proceedings consistent with this opinion. Reversed and remanded. W…

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