OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, A FOREIGN CORPORATION, APPELLANT,
v.
ALBERTO HERNANDEZ, A MINOR, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, DORIS HERNANDEZ, AND DORIS HERNANDEZ, INDIVIDUALLY, APPELLEES
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Occidental Life Insurance Company appealed a circuit court judgment awarding medical expenses under a group insurance policy, contending the case should have been brought in county court due to the limited amount in controversy. The appellate court agreed, finding the claim fell within county court jurisdiction under Florida's jurisdictional statute.
The circuit court lacked jurisdiction over the claim, as the amount in controversy did not exceed $2,500 and was therefore properly cognizable only in county court under Fla. Stat. Sec. 34.01(1), which vests county court jurisdiction over actions at law where the matter in controversy does not exceed $2,500, exclusive of interest, costs, and attorney's fees.
[1] County courts have original jurisdiction in actions at law where the matter in controversy does not exceed $2,500, exclusive of interest, costs, and attorney's fees, unle…
[2] A circuit court lacks jurisdiction over an action at law if the amount in controversy, exclusive of interest, costs, and attorney's fees, does not exceed $2,500.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the County courts shall have original jurisdiction in all misdemeanor cases not cognizable by the circuit courts, of all violations of municipal and county ordinances, and of all actions at law in which the matter in controversy does not exceed the sum of $2,500.00, exclusive of interest, costs, and attorney's fees”
Establishes the statutory basis for county court jurisdiction over the claim
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Join FLexlaw to unlock all legal intelligenceOccidental Life Insurance Company was sued for medical expenses under a group insurance policy. The policy contained a maximum liability of 80% of the…
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SCHWARTZ, Judge.
The defendant insurance company appeals from an amended final judgment for $2,192.34, plus attorney’s fees, interest, and costs, rendered against it in the Dade County Circuit Court on a claim for medical expenses under a group insurance policy. The policy contained a maximum liability of 80% of the first $2,500, less a $100.00 deductible, of the expenses in question. We therefore agree with the appellant’s contention that the action was not within the jurisdiction of the Circuit Court. See Massachusetts Casualty Insurance Co. v. Johansen, 270 So. 2d 397, 399 (Fla.3d DCA 1972), cert. denied, 277 So. 2d 537 (Fla.1973). Under the provisions of Sec. 34.01, Fla.Stat. as amended effective October 1, 1977, the (1) County courts shall have original jurisdiction in all misdemeanor eases not cognizable by the circuit courts, of all violations of municipal and county ordinances, and of all actions at law in which the matter in controversy does not exceed the sum of $2,500.00, exclusive of interest, costs, and attorney’s fees, except those within the exclusive jurisdiction of the circuit courts.
See White v. Marine Transport Lines, Inc., 372 So. 2d 81 (Fla.1979) and cases cited, arising under the prior version of Sec. 34.01 which provided for a $2,500 jurisdictional amount, exclusive of interest and costs, but not of attorney’s fees. As the court pointed out at 372 So. 2d 84:
It should be noted that the problem encountered here is resolved as to actions at law filed on and after October 1, 1977. By chapter 77-135, Laws of Florida, effective October 1, 1977, section 34.01(1), was amended to vest jurisdiction in the county courts over actions at law in which the matter in controversy does not exceed the sum of $2,500, exclusive of interest, costs and attorneys’ fees, [emphasis, the court’s]
The judgment under review is therefore reversed and the cause remanded with directions to transfer the case to the County Court.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sera Martell & Sera Martell Realty, Inc. v. Kurian, 626 So. 2d 705 (Fla. 4th DCA 1993)…I, II, III, and IV of Complaint, the amount in controversy as to each of those causes of action was below the jurisdictional limit; consequently, the action should have been transferred to County Court. Occidental Life Ins. Co. of Cal. v. Hernandez, 377 So. 2d 808 (Fla. 3d DCA 1979); Emery v. Int’l Glass & Mfg. Inc., 249 So. 2d 496 (Fla. 2d DCA 1971); § 34.01(l)(c)2, Fla.Stat. (1989); rule 1.060(a), Fla.R.Civ.P. Jurisdiction also cannot be conferred by aggregating the distinct and independent claims of unre…
Authorities Cited
- White v. Marine Transp. Lines, Inc., 372 So. 2d 81 (Fla. 1979)
- State v. Reo Ulrich Hill, 372 So. 2d 84 (Fla. 1979)
- Mass. Cas. Ins. Co. v. Johansen, 270 So. 2d 397 (Fla. 3d DCA 1972)
- Piper Aircraft & Emp'rs Ins. of Wausau v. Blume, 277 So. 2d 537 (Fla. 1973)
- Mass. Cas. Ins. Co. v. Johansen, 277 So. 2d 537 (Fla. 1973)