HENRY EDGAR, PETITIONER,
v.
ECONOMIC OPPORTUNITY LEGAL SERVICES PROGRAM, INC., ET AL., RESPONDENTS
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A circuit court cannot transfer a count with an insufficient amount in controversy to a lower court if another count in the same complaint invokes the circuit court's jurisdiction.
[1] A circuit court may not transfer a count of a complaint to a civil court of record if another count in the same complaint invokes the circuit court's jurisdiction, even i…
[2] A court that has obtained jurisdiction for one purpose should retain jurisdiction for all purposes to administer full relief, including legal remedies, to avoid a multipl…
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Join FLexlaw to unlock all legal intelligencePetitioner's complaint had two counts; the circuit court found count one's amount in controversy too low and transferred it, while retaining jurisdict…
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This proceeding began here as an appeal from a circuit court order which (a) found that the amount in controversy under count one of petitioner’s two count complaint was below the minimum amount over which the circuit court has jurisdiction and (b) transferred count one to the civil court of record for trial. The circuit court retained jurisdiction over count two. We declined to grant appel-lees’ motion to dismiss the appeal but entered an order that the appeal should be considered a petition for certiorari. Thereafter petitioner’s counsel proceeded with the cause and argued that the finding and the transfer constituted departures from the essential requirements of law.
If the amount in controversy in one count of a complaint is sufficient to invoke the jurisdiction of the circuit court, that court may not transfer to the civil court of record another count involving an amount insufficient in itself to invoke the jurisdiction of the circuit court. Milhet Caterers, Inc. v. North Western Meat, Inc., Fla.App.1966, 185 So.2d 196. Cf. cases citing the maxim that (in order to avoid a multiplicity of suits) after obtaining jurisdiction of a case for one purpose a court of equity should retain jurisdiction for all purposes to administer full relief including legal remedies (e. g., Knight v. Global Contact Lens, Inc., Fla.App.1969, 220 So.2d 693). We therefore hold that the transfer in the present case constituted a departure from the essential requirements of law and quash so much of the order bearing the date May 13, 1969, as purported to transfer count one of the cause to the civil court of record.
However the finding concerning the amount in controversy in count one is not a departure from essential requirements of law requiring this court to grant certiorari on this point since (in contrast to the foregoing point) the petitioner would have an adequate remedy on appeal if the finding is erroneous. See Taylor v. Board of Public Instruction of Duval County, Fla.App.1961, 131 So.2d 504, 507.
The order on review is quashed in part.
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Edward M. Genovese, M.D. v. JV Diagnostics, Inc., 556 So. 2d 1231 (Fla. 4th DCA 1990)…PER CURIAM. The respondents having confessed error, the petition for writ of certiorari is granted without further discussion. See Edgar v. Economic Opportunity Legal Services Program, Inc., 230 So. 2d 487 (Fla. 3d DCA 1970); Zuckerman v. Professional Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981). The petitioners’ motion for attorney’s fees on appeal is denied. The respondents did not instigate or facilitate the actions of the trial c…
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Sampson v. The Honorable Robert Lance Andrews, 423 So. 2d 1031 (Fla. 4th DCA 1982)…trial court on the authority of Container Corp. v. Seaboard Air Line R. Co., 59 So. 2d 737 (Fla.1952); Milhet Caterers, Inc. v. North Western Meat, Inc., 185 So. 2d 196 (Fla. 3d DCA 1966); Edgar v. Economic Opportunity Legal Services Program, Inc., 230 So. 2d 487 (Fla. 3d DCA 1970) and Carbonnel v. American International Pictures, Inc., 313 So. 2d 417 (Fla. 3d DCA 1975). GLICKSTEIN, HURLEY and WALDEN, JJ., concur.…
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Filomena Acconcia Barrella v. Union Gen. Ins. Co., 593 So. 2d 317 (Fla. 4th DCA 1992)…ounty court, departs from the essential requirements of law and which may cause material injury which would be irremediable on plenary appeal. Tommie v. LaChance, 412 So. 2d 439 (Fla. 4th DCA [*318] 1982); Edgar v. Economic Opportunity Legal Servs., 230 So. 2d 487 (Fla. 3d DCA 1970). Order quashed. GLICKSTEIN, C.J., concurs. GUNTHER, J., dissents without opinion.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. Bd. OF Pub. Instruction OF Duval Cnty., 131 So. 2d 504 (Fla. 1st DCA 1961)
- Knight v. Global Contact Lens, Inc., 220 So. 2d 693 (Fla. 3d DCA 1969)
- Milhet Caterers, Inc. v. N. W. Meat, Inc., 185 So. 2d 196 (Fla. 3d DCA 1966)