MAXINE L. KAUTZMAN, APPELLANT,
v.
MATTHEW S. BANDLER, APPELLEE
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The appellate court reviewed an order transferring a negligence action to a different court due to insufficient amount in controversy. The court treated the appeal as a petition for certiorari and denied it, finding the original appeal was improvidently filed as interlocutory appeals are limited to venue or personal jurisdiction.
No, an interlocutory appeal is not the proper procedure for challenging an order of transfer based on the amount in controversy. Certiorari is the appropriate remedy.
“The appeal was improvidently filed because interlocutory appeals in common-law actions are limited to those from orders "relating to venue or jurisdiction over the person."”
Establishes the basis for dismissing the interlocutory appeal.
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Join FLexlaw to unlock all legal intelligenceA negligence action was filed in the circuit court. The trial judge determined the amount in controversy was insufficient to establish jurisdiction an…
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This is an appeal from an order of the circuit court in Dade County, transferring a negligence action to the civil court of record, upon a determination by the trial judge of lack of jurisdiction based on insufficiency of the amount involved. The order appealed from was interlocutory. The appeal was improvidently filed because interlocutory appeals in common-law actions are limited to those from orders “relating to venue or jurisdiction over the person.” Rule 4.2, subd. a, Florida Appellate Rules, 31 F.S.A.
As authorized by.§ 59.45, Fla.Stat., F.S. A., we have treated the appeal as a petition for certiorari, which is the appropriate procedure for review of such an order of transfer (Tantillo v. Miliman, Fla.1956, 87 So.2d 413), and upon consideration thereof, certiorari is denied.
It is so ordered.
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
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Levine v. Knowles, 197 So. 2d 329 (Fla. 3d DCA 1967)…at the appeal as a petition for common law certiorari under the authority of Tantillo v. Miliman, Fla.1956, 87 So. 2d 413; Easley v. [*331] The Garden Sanctuary, Inc., Fla.App.1960, 120 So. 2d 59, 78 A.L.R.2d 1199; Kautzman v. Bandler, Fla.App.1960, 118 So. 2d 256; Elliott v. Lazar, Fla.App.1958, 104 So. 2d 618; Section 59.45, Florida Statutes, F.S.A. Under the law of Florida, dogs are considered subjects of property or ownership.1 Dogs are property, taxable as other personal property.2 The rights of ownersh…
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Easley v. THE Garden Sanctuary, Inc., 120 So. 2d 59 (Fla. 2d DCA 1960)…ent proceedings for which the remedy of appeal will be inadequate, that an appellate court will exercise discretionary power to issue such writ. Kauffman v. King, Fla.1956, 89 So. 2d 24. In the very recent case of Kautzman v. Bandler, Fla.App.1960, 118 So. 2d 256, an [*62] appeal was taken to the third district court of appeal in a negligence action from an order of the circuit court wherein the action was transferred from that court to the civil court of record due to lack of jurisdiction because of the ins…
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Harris v. Jewett, 200 So. 2d 619 (Fla. 3d DCA 1967)…8, F.R.C.P., 30 F.S.A.; Fryd Construction Corporation v. Freeman, Fla.App.1966, 191 So. 2d 487. It is so ordered. . See: Seaboard Air Line R. Co. v. Timmons, Fla.1952, 61 So. 2d 426; Goldstein v. Great Atlantic & Pacific Tea Company, Fla.App.1960, 118 So. 2d 256; Van Devere v. Holmes, Fla.App.1963, 156 So. 2d 899.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Enrico Tantillo and Sylvia Tantillo v. Miliman, 87 So. 2d 413 (Fla. 1956)