LYNNE A. CASTELLANO, AN UNREMARRIED WIDOW, PETITIONER,
v.
BADER BROS. VAN LINES, INC., A NEW YORK CORPORATION DOING BUSINESS IN THE STATE OF FLORIDA, RESPONDENT
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The court held that the trial court erred in transferring the case because jurisdiction is determined by the amount claimed in good faith at the commencement of the action, not the amount ultimately recovered.
Petitioner sued respondent for damages exceeding $10,000 arising from property destruction during transport under a contract. The trial judge transfer…
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This is a petition for writ of certiorari to the circuit court to review an interlocutory order transferring petitioner’s suit against respondent to the civil court of record. Petitioner’s claim was for damages in excess of Ten Thousand Dollars arising out of the total destruction of petitioner’s property while being transported by respondent under a contract of carriage.
The trial judge, upon consideration of the pleadings and exhibits in the cause, determined that the petitioner’s damages were limited to not more than One Thousand Dollars, an amount below the jurisdiction of the circuit court and within the jurisdiction of the civil court of record. Pursuant to such determination the trial judge entered the order of transfer here under review.
We have carefully considered the record on appeal, briefs and arguments of counsel and have concluded that it was error to enter the order of transfer.
In determining the circuit court’s jurisdiction the test is the amount in good faith claimed or put in controversy when the action is commenced. We find nothing *843in the record showing that petitioner did not initially make her demand in good faith, although it may have developed on the trial of the cause that the amount recoverable was less than the jurisdictional limit of the circuit court. Tantillo v. Miliman, Fla.1956, 87 So.2d 413; Gannett v. King, Fla.App. 1959, 108 So.2d 299.
The petition for writ of certiorari is granted and the order is quashed with directions to reinstate the cause.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dade Cnty. v. Lambert, 334 So. 2d 844 (Fla. 3d DCA 1976)…into controversy when the action is commenced, and not by the amount of recovery. Tantillo v. Mileman, Fla.1956, 87 So. 2d 413; Curley v. Miami Transit Company, Fla.App.1962, 141 So. 2d 299; Castellano v. Bader Bros. Van Lines, Inc., Fla.App. 1968, 208 So. 2d 842. There is nothing in the record herein showing the demands of the plaintiffs herein were not made in good faith; thus it was not error to deny the appellants’ motion to transfer the cause to the County Court. As to the last point raised on appeal,…
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Norris v. S. Bell Tel. & Tel. Co., 324 So. 2d 108 (Fla. 3d DCA 1975)…our purpose to preclude by this opinion a transfer if later developments in this case substantiate the trial judge’s conclusion in the order appealed. Nevertheless, under the rule as stated in Castellano v. Bader Bros. Van Lines, Inc., Fla.App.1968, 208 So. 2d 842, we are compelled to quash the order transferring the cause with directions to the circuit court to proceed with the cause. It is so ordered.…
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A.W. Neumann and Joe Crescenzi v. R.D. Brigman, 475 So. 2d 1247 (Fla. 2d DCA 1985)…Santini Bros., Inc., 315 So. 2d 550, 552 (Fla. 4th DCA 1975). It matters not that it might ultimately develop at trial that the amount recoverable is less than the jurisdictional limit of the circuit court. Castellano v. Bader Bros. Van Lines, Inc., 208 So. 2d 842 (Fla.3d DCA 1968). Hence, a resolution of the ambiguity favorable to appellants must be presumed for purposes of determining the threshold issue of whether the circuit court [*1250] has jurisdiction. There is nothing in the record to indicate that t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Enrico Tantillo and Sylvia Tantillo v. Miliman, 87 So. 2d 413 (Fla. 1956)
- Ada Gannett v. William F. King et ux., 108 So. 2d 299 (Fla. 2d DCA 1959)