FRANCES OWEN WARRINER, APPELLANT,
v.
D. E. R. CO., A FLORIDA CORPORATION, DOUG TOWER AND BRUCE G. TOWER, INDIVIDUALLY AND AS OFFICERS, AGENTS, EMPLOYEES AND SERVANTS OF SAID DEFENDANT CORPORATION, AND HIGHWAY INSURANCE COMPANY, A CORPORATION, LICENSED AND ORGANIZED TO DO BUSINESS IN THE STATE OF FLORIDA, AND ALL OF THE ABOVE NAMED DEFENDANTS, INDIVIDUALLY, JOINTLY AND SEVERALLY, APPELLEES
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Plaintiff appealed a dismissal of her damages action based on the trial court's transfer of the case to Civil Court of Record for failure to pay the filing fee after four months. The appellate court reversed, holding that the record did not establish that the matter in controversy was within the Civil Court's jurisdictional limit of $5,000, and therefore the transfer was improper.
The transfer to Civil Court of Record was improper and is reversed. The appellate court found no evidence in the record that the matter in controversy did not exceed $5,000 exclusive of interest and costs, which is required under Florida Statute § 33.14 for such a transfer.
“It does not appear from this record that 'the matter in controversy does not exceed, exclusive of interest and cost, the sum of five thousand dollars.'”
Establishes the core legal holding—without evidence in the record that the amount in controversy falls within the Civil Court's jurisdictional limit, the transfer was improper.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed an action in Circuit Court seeking damages against two corporations and two individuals for alleged wrongful issuance of a replevin wr…
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The plaintiff has appealed a final judgment dismissing her cause before trial. The order of dismissal recites that it is entered pursuant to defendants’ motion, and that motion sets forth the following grounds:
“On the 16th day of November, 1964 this court entered its Order transferring the above captioned cause to the Civil Court of Record, and ordering that the necessary filing fee in said Civil Court of Record be paid by plaintiff.
“On the 30th day of November, 1964 this court entered its Order denying plaintiff’s motion for rehearing on defendant’s motion to transfer.
“Although in excess of four (4) months have expired since the date of said Order denying motion for rehearing, the plaintiff, Frances O. Warriner, has failed to pay to the Clerk of the Civil Court of Record the necessary filing fee, as directed in the Order of this court.”
Appellant’s assignments of error are directed to every step in the proceeding, but we find it necessary to discuss only the point on appeal which claims error in the entry of the order transferring the cause from the Circuit Court to the Civil Court of Record for Dade County.
The action instituted in the Circuit Court claimed damages against two corporations and two individuals. Some of the damages claimed may not be legally recoverable in the action, but the gist of the action was for the recovery of damages for the alleged wrongful issuance of a replevin writ. One *374of the defendants to the action for damages was the bonding company which had issued the replevin bond.1
It does not appear from this record that “the matter in controversy does not exceed, exclusive 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 Record.
Reversed and remanded.
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Citator
Authorities Cited
- Henry's Drive-In, Inc. v. Ideal Rock Prods. Co., 140 So. 2d 137 (Fla. 3d DCA 1962)
- D. E. R. Co. v. Warriner, 156 So. 2d 183 (Fla. 3d DCA 1963)
- Lucerne Packing Co. v. PAN Am. Sur. Co., 140 So. 2d 135 (Fla. 3d DCA 1962)