WILLIAM VINCENT VERNON, III
v.
JACKQULYN YOUNG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DORIS WRIGHT SHAW

Fla. 5th DCA | 2025-11-14
No. 2025-1922
Mackey-Barnes, J., Jay, C.J., Edwards, J., MacIver, J.
2025 FL 10779 Florida District Court of Appeal, Fifth District (2025)

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Holding

When a defendant in an unlawful detainer action asserts an equitable interest in the property, the matter becomes an ejectment action within the exclusive jurisdiction of the circuit court, and the county court lacks subject-matter jurisdiction.


Headnotes

[1] When a defendant in an unlawful detainer action asserts an equitable interest in the property, the cause of action becomes ejectment, which is within the exclusive jurisd…

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Key Quotes

“the matter sounds in ejectment, not unlawful detainer”

Explaining that when a defendant asserts an equitable interest in property, the proper cause of action changes from unlawful detainer to ejectment.

Facts & Procedural History

Vernon was sued for unlawful detainer by Young, the personal representative of an estate. Vernon claimed he was the rightful owner based on a will cod…

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2025-1922 LT Case No. 2025-CC-0000679 _____________________________ WILLIAM VINCENT VERNON, III, Appellant, v. JACKQULYN YOUNG, as Personal Representative of the Estate of Doris Wright Shaw, Appellee. _____________________________ On appeal from the County Court for Marion County. Leann Mackey-Barnes, Judge. William Vincent Vernon, III, Silver Springs, pro se. No Appearance for Appellee. November 14, 2025

PER CURIAM.

Young sued Vernon for unlawful detainer. Vernon maintained that he is the rightful owner of the house in question thanks to a will codicil, which he accused Young of concealing. He argued that the county court lacked jurisdiction to decide this case since ownership of the house was still in dispute in the probate court. Ultimately, the county court entered judgment for Young and issued a writ of possession.

2 As he did below, Vernon argues that the county court had no jurisdiction to hear this case. Our review is de novo. See Estevill v. Estevill, 399 So. 3d 1167, 1170 (Fla. 3d DCA 2024). Unless altered by the amount in controversy, county courts have exclusive jurisdiction over unlawful detainer actions. See § 34.011(2), Fla. Stat. (2025). But if the defendant asserts an equitable interest in the property, “the matter sounds in ejectment, not unlawful detainer.” Babcock v. Golden Acres S., LLC, 361 So. 3d 406, 407 (Fla. 5th DCA 2023). In other words, ejectment becomes the proper cause of action. See id. at 408. And circuit courts have exclusive jurisdiction over actions of ejectment. § 26.012(2)(f), Fla. Stat.; see also Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244, 1250 (Fla. 2008) (holding that “county courts lack subjectmatter jurisdiction to entertain ejectment actions”). Here, after Vernon “asserted an equitable interest in the property, ejectment became the proper cause of action because the trial court had to consider [his] equitable claims.” See Babcock, 361 So. 3d at 408. Therefore, the county court lacked subject matter jurisdiction to rule on this matter, and its judgment is void. See Estevill, 399 So. 3d at 1172; Babcock, 361 So. 3d at 408; Thompson v. Thompson, 342 So. 3d 818, 821 (Fla. 3d DCA 2022); see generally State Farm Fla. Ins. Co. v. Roof Pros Storm Div., Inc., 346 So. 3d 163, 165 (Fla. 5th DCA 2022) (“A lack of subject-matter jurisdiction renders a judgment void.”). Accordingly, we reverse and remand with instructions to transfer this case to the circuit court. REVERSED and REMANDED with instructions. JAY, C.J., and EDWARDS and MACIVER, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________


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