CARL A. POSTON, JR., APPELLANT,

v.

LEHIGH PORTLAND CEMENT COMPANY, APPELLEE

Citator

Cited By

• Greene v. Greene, 432 So. 2d 62 (Fla. 3d DCA 1983)
  …atal. “Courts are bound to take notice of the limits of their authority and if want of jurisdiction appears at any stage of the proceedings, original or appellate, the court should notice the defect and enter an appropriate order.” Mendez v. Ortega, 134 So. 2d 247, 248 (Fla. 3d DCA 1961), citing Bohlinger v. Higginbotham, 70 So. 2d 911 (Fla.1954). Subject matter jurisdiction cannot be conferred by consent, failure to object, or waiver. Wilds v. Permenter, 228 So. 2d 408 (Fla. 4th DCA 1969). For cases factuall…
• Colucci v. Greenfield, 547 So. 2d 224 (Fla. 3d DCA 1989)
  …65 So. 2d 1069 (Fla. 1st DCA 1979); Pushkin v. Lombard, 279 So. 2d 79 (Fla. 3d DCA), cert. denied, 284 So. 2d 396 (Fla.1973); Walton v. Walton, 181 So. 2d 715 (Fla. 2d DCA 1966); Hadley v. Hadley, 140 So. 2d 326 (Fla. 3d DCA 1962); Mendez v. Ortega, 134 So. 2d 247 (Fla. 3d DCA 1961); Pittman v. Roberts, 122 So. 2d 333 (Fla. 2d DCA 1960); Florio v. State, 119 So. 2d 305 (Fla. 2d DCA 1960); In re Coleman’s Estate, 103 So. 2d 237 (Fla. 2d DCA 1958); In re Weiss’ Estate, 102 So. 2d 154 (Fla. 3d DCA), cert. discha…
• Henry's Drive-In, Inc. v. Ideal Rock Prods. Co., 140 So. 2d 137 (Fla. 3d DCA 1962)
  …0. § 33.14, Fla.Stat., 1959, F.S.A. Although the jurisdictional defect was not called to the attention of this court by the appellant, this defect being fundamental in nature it may be raised sua sponte by the court. Mendez v. Ortega, Fla.App. 1961, 134 So. 2d 247; F.A.R. 3.7(i), 31 F. S.A. When it became apparent to the trial court that the amount in controversy exceeded its jurisdiction, it should have entered an order transferring the cause to the proper court within the county. F.R.C.P. 1.39(b), 30 F.S.A.…

Authorities Cited

• Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)