LUCERNE PACKING COMPANY, APPELLANT,
v.
PAN AMERICAN SURETY COMPANY, APPELLEE
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The appellate court reversed a dismissal order, holding that the plaintiff's good faith claim for an amount exceeding the circuit court's minimum jurisdictional threshold was sufficient for jurisdiction, even if the ultimate recovery might be less.
Yes, the plaintiff's good faith claim for an amount exceeding the circuit court's minimum jurisdictional threshold is sufficient to establish jurisdiction.
“The test of jurisdiction is the good faith claim of the plaintiff, and not the amount that may be ultimately recovered.”
Establishes the legal standard for determining court jurisdiction based on the plaintiff's good faith claim.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff (appellant) sued on a surety bond for $7,000.00, seeking to recover a prior judgment of $5,679.85 against the principal, plus attorney's…
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Appellant, plaintiff in the trial court, seeks review of a final order dismissing its complaint upon the ground that it did not seek recovery in excess of $5,000.00, the minimum jurisdictional amount of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida. Art. V, § 6, Constitution of Florida, F.S.A.; § 33.14, Fla.Stat, 1959, F.S.A.
The plaintiff brought suit on a surety bond in the principal sum of $7,-000.00, seeking to recover a judgment in the sum of $5,679.85 which had previously been rendered against the principal, *136and also attorneys’ fees, pursuant to- the statutes of the State of Florida. Although it appears questionable that one of the items in the amount of $1,000.00, which was included in the judgment against the principal, might be recoverable against the surety, it appears that in good faith the plaintiff was claiming a sum in excess of $5,000.00 and his complaint should have remained in the circuit court. The test of jurisdiction is the good faith claim of the plaintiff, and not the amount that may be ultimately recovered. Hutchinson v. Courtney, 86 Fla. 556, 98 So. 582; A. Mortellaro & Co. v. Atlantic Coast Line R. Co., 91 Fla. 230, 107 So. 528; Knudsen v. Green, 116 Fla. 47, 156 So. 240.
Therefore, the final order of dismissal appealed from is reversed with directions to reinstate the cause and for further proceedings not inconsistent with this opinion.
Reversed with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Warriner v. D. E. R. Co., 188 So. 2d 373 (Fla. 3d DCA 1966)…usive of interest and cost, the sum of five thousand dollars.” See § 33.14, Fla. Stat.1963, F.S.A. The transfer to the Civil Court of Record for Dade County is reversed upon authority of Lucerne Packing Co. v. Pan American Surety Co., Fla.App. 1962, 140 So. 2d 135. See also Henry’s Drive-In, Inc. v. Ideal Rock Products Co., Fla.App.1962, 140 So. 2d 137. The final judgment dismissing the cause is reversed and the cause remanded with directions to deny the motion to transfer the cause to the Civil Court of Rec…
Authorities Cited
- A. Mortellaro & Co. v. Atl. Coast Line R.R. Co., 91 Fla. 230 (Fla. 1926)
- Waldemar Knudsen v. Green, 116 Fla. 47 (Fla. 1934)
- Hutchinson v. Courtney, 86 Fla. 556 (Fla. 1923)