HENRY'S DRIVE-IN, INC., AN ILLINOIS CORPORATION, APPELLANT,
v.
IDEAL ROCK PRODUCTS CO., A FLORIDA CORPORATION, AND HENRY'S DRIVE-IN OF FLORIDA, INC., A FLORIDA CORPORATION, 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 court held that a civil court of record lacked jurisdiction to enter a judgment exceeding $5,000, including attorney's fees.
The appellant appealed a final judgment of $6,252.70, which included $1,500 in attorney's fees. The amount in controversy exceeded the civil court of …
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 Amount In Controversy cases and more on FLexlaw
The appellant, defendant below, appeals from a final judgment entered by the civil court of record in favor of the appellee, Ideal Rock Products Co., in the total amount of $6,252.70. Included therein is an item for attorney’s fees in the amount of $1,500.-00.
It is apparent from the final judgment, here under review, that the court lacked jurisdiction to enter a judgment in excess of $5,000.00. § 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.
Attorney’s fees are computed in determining the jurisdictional amount of the civil court of record [State ex rel. Royal Ins. Co., Ltd. v. Barrs, 87 Fla. 168, 99 So. 668] and, therefore, must be added to the other damages recoverable in determining whether the claim is for an amount in excess of the jurisdiction of the trial court. It is true that in the complaint the only amount sought for attorney’s fees were reasonable fees; and it was not until after the adjudication of the principal amount of the claim that the court found that the fees were in the sum of $1,500.00, which then brought the amount recoverable in excess of the jurisdictional limits of the trial court. At this time, the trial judge should have transferred the matter to the appropriate forum.
Therefore, the trial judge being without jurisdiction to enter the judgment appealed *139from it is hereby vacated, and the cause is remanded so that it may be transferred to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, for further proceedings in accordance with F.R.C.P. 1.39(b).
Reversed with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
White v. Marine Transp. Lines, Inc., 372 So. 2d 81 (Fla. 1979)…Co. 1922). Appellee, on the other hand, urges that the authorities cited by appellant are inap-posite. It also contends that the exact issue here under review was resolved adversely to appellant in Henry’s Drive-In, Inc. v. Ideal Rock Products Co., 140 So. 2d 137 (Fla. 3d DCA 1962), and Prudential Insurance Co. of America v. Lamm, 218 So. 2d 219 (Fla. 3d [*83] DCA 1969). In the former case the civil court of record for Dade County entered a judgment which included an award of attorneys’ fees exceeding the ju…
-
The Prudential Ins. Co. OF Am. v. Lamm, 218 So. 2d 219 (Fla. 3d DCA 1969)…ed as costs, we must consider them as an element of the plaintiff’s damages, bringing the amount of the judgments herein over the jurisdictional limit of the Civil Court of Record. In Henry’s Drive-In, Inc. v. Ideal Rock Products Co., Fla.App.1962, 140 So. 2d 137, this court held, citing State ex rel. Royal Ins. Co. v. Barrs, supra, that attorney’s fees are to be computed in determining the jurisdictional amount of the Civil Court of Record—even though only “reasonable fees” were sought. Cf. Riess v. Goldman…
-
Ideal Rock Prods. Co. v. Henry's Drive-In OF Fla., Inc., 152 So. 2d 791 (Fla. 3d DCA 1963)…certified should be and is answered in the affirmative. . Rule 4.6 of Florida Appellate Rules, 31 F.S.A. . The circumstances giving rise to the question may be found in our decision, Henry’s Drive-In, Inc. v. Ideal Rock Products Co., Fla.App.1962, 140 So. 2d 137.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The State of Fla. ex rel. Royal Ins. Co. v. Burton Barrs, 87 Fla. 168 (Fla. 1924)
- Poston v. Lehigh Portland Cement Co., 134 So. 2d 247 (Fla. 3d DCA 1961)
- Mendez v. Ortega, 134 So. 2d 247 (Fla. 3d DCA 1961)