SAMUEL SMITH, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Judge James P. Calhoun v. NEW Hampshire Ins. Co. & Lola Pittman, 354 So. 2d 882 (Fla. 1978)
  …tween that decision and two decisions of the Third District Court of Appeal to the effect that an injured plaintiff may re-litigate the same claim under similar circumstances. Wooten v. Collins, 327 So. 2d 795 (Fla. 3d DCA 1976); Marquez v. Mederos, 307 So. 2d 873 (Fla. 3d DCA 1975). In each of those cases the court held that a trial court will lose subject matter jurisdiction over the lawsuit, and thereby become impotent to enter final judgment, whenever it is determined that a no-fault threshold has not bee…
• NEW Hampshire Ins. Co. & Lola Pittman v. Judge James P. Calhoun, 341 So. 2d 777 (Fla. 2d DCA 1976)
  …reshold prescribed by Section 627.737, Florida Statutes (1975) has not been reached, an order dismissing the cause without prejudice should be entered for want of jurisdiction. Wooten v. Collins, 327 So. 2d 795 (Fla.3d DCA 1976); Marquez v. Mederos, 307 So. 2d 873 (Fla.3d DCA 1975). We doubt that these opinions were using the word “jurisdiction” in its traditional sense, because the trial courts in those cases clearly had jurisdiction to determine whether or not the threshold was reached. There is nothing in…
• Valdes v. Ruas, 354 So. 2d 1269 (Fla. 3d DCA 1978)
  …quirements set forth in Section 627.737, Florida Statutes (1975), and that the action was not barred by the doctrine of res judicata. In two prior decisions of this court, Wooten v. Collins, 327 So. 2d 795 (Fla.3d DCA 1976), and Marquez v. Mederos, 307 So. 2d 873 (Fla.3d DCA 1975), we held that a trial court would lose subject matter jurisdiction over a lawsuit, thereby becoming impotent to enter final judgment thereon, whenever it was determined that the no-fault threshold requirements of Section 627.737, F…

Authorities Cited

• Morris v. State, 100 Fla. 850 (Fla. 1930)
• State v. Kelly, 287 So. 2d 13 (Fla. 1973)
• Loftin v. State, 273 So. 2d 70 (Fla. 1973)
• White v. State, 218 So. 2d 484 (Fla. 3d DCA 1969)