IRVING LANE, APPELLANT,
v.
EXMOOR SCHOOL, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
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.
The appellate court reviewed an order that determined a judgment did not create a lien on specific real property and quashed an execution. The court found that the issue involved the title to real estate, which should have been heard in the circuit court, not the civil court of record.
No, the civil court of record did not have jurisdiction because the issue involved the title to real property, which must be determined by the circuit court.
“provided, that if the issue shall involve the titles or boundaries of real estate, the petition shall be filed in the circuit court.”
This quote establishes the statutory basis for the appellate court's decision regarding jurisdiction.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe sheriff of Dade County filed a petition to determine if property was subject to a judgment lien. The civil court of record issued an order stating…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Execution Of Judgment cases and more on FLexlaw
Review is sought of an order by the civil court of record adjudicating that a certain judgment did not constitute a lien against specified real property and quashing execution issued thereon.
The order sought to be reviewed resulted from a petition filed by the sheriff of Dade County under the provisions of § 30.30, Fla.Stat., F.S.A., to determine whether or not the property sought to be subjected to execution under a judgment held by the petitioner was subject to the lien of said judgment. Section 30.30(5), supra, after providing that the sheriff may, at his option, file a petition in the court out of which the writ issued, to ascertain whether the levy should or should not be made on the property specified, contains the following:
“ * * * provided, that if the issue shall involve the titles or boundaries of real estate, the petition shall be filed in the circuit court.”
We have considered the record, the briefs, and heard oral argument, and conclude that the issue did involve the title to real property and consequently the cause should have been transferred to the circuit court for determination.
Accordingly, the order appealed is reversed, and the cause is remanded with directions to transfer the same, together with the petition and other related papers, to the circuit court.
Reversed and remanded with directions.
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Altieri v. Altieri, 341 So. 2d 525 (Fla. 1st DCA 1977)…ken we, in the exercise of our discretion, treat and consider the appeal as an interlocutory appeal, even though not designated as such in the notice of appeal. See Crepaldi v. Wagner, 128 So. 2d 759 (Fla. 1st DCA 1961); Lane v. Exmoor School, Inc., 128 So. 2d 773 (Fla. 3d DCA 1961); Small v. Small, 313 So. 2d 749 (Fla.1975). In the final judgment of dissolution of marriage entered by the trial court on December 22, 1971, appellee Grace Altieri, as part of the permanent alimony awarded to her, was awarded th…
-
Lane v. Exmoor Sch., Inc., 146 So. 2d 107 (Fla. 3d DCA 1962)
-
Cecile R. Burton and Harold W. Burton v. Harold N. Sanders et ux., 170 So. 2d 591 (Fla. 2d DCA 1965)…s discretion, could treat and consider the appeal as an interlocutory appeal, even though not designated as such in the notice of appeal as required by the appropriate rules of appellate procedure. See also Lane v. Exmoor School, Inc., Fla.App.1961, 128 So. 2d 773. Florida Appellate Rule 4.2 provides: “Appeals to district courts from interlocutory orders at law relating to venue or jurisdiction over the person, appeals to the appropriate court from interlocutory orders or decrees in equity and orders, judgm…