WILLIE LANE AND LOUISIA LANE, APPELLANTS,
v.
ALTHMESE BRITH, APPELLEE
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Tenants appealed a dispossession judgment, challenging the constitutionality of Florida's summary eviction procedures and service of process by posting. The court affirmed the judgment, holding that the legislature has authority to regulate personal jurisdiction procedures and that the summary statutory procedure for landlord-tenant actions is authorized under the Florida Rules of Civil Procedure.
The court held that both statutes are constitutional. The legislature has proper authority to regulate personal jurisdiction procedures, and the summary statutory procedure for landlord-tenant actions is authorized under Rule 1.010 of the Florida Rules of Civil Procedure, which permits special statutory proceedings to prescribe their own procedures unless the rules specifically provide otherwise.
[1] The legislature may enact statutes concerning the acquisition of jurisdiction over a person in a judicial proceeding.
[2] A statute providing a summary procedure for a special statutory proceeding is valid under the Rules of Civil Procedure if the rules do not specifically provide to the con…
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Join FLexlaw to unlock all legal intelligence“The matter of acquiring jurisdiction over the person in a judicial proceeding is a proper subject for legislative action.”
Establishes that the legislature has constitutional authority to regulate personal jurisdiction procedures, distinguishing such regulation from the exclusive power over court procedure vested in the Supreme Court.
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Join FLexlaw to unlock all legal intelligenceAppellants were tenants in a dwelling unit dispossessed by their landlord under Florida's eviction statute. The original complaint was handwritten, fa…
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OWEN, Chief Judge.
Appellants, tenants of a dwelling unit, were dispossessed by the landlord. Apparently the action was brought under the provisions of § 83.59, F.S.1973, for failure to vacate the premises after termination of the rental agreement.
Originally, none of the parties were represented by counsel. This may help explain why the hand written complaint was filed in the Circuit Court, failed to describe the dwelling unit, and alleged a right to recover possession for the tenants’ alleged breach of subsections (6) - and (7) of § 83.52, F.S.1973 (along with a holding over after expiration of the rental period without permission of the landlord).
This may also partly explain appellants’ failure to respond to process which led to the default and final judgment and the issuance of writ of possession. Upon being dispossessed, appellants promptly retained counsel, who filed on their behalf a motion to vacate the judgment. That motion, which was denied, was premised upon the same constitutional arguments now made in this court. Service of process was made on appellants by posting on the property as provided in § 48.183, F.S.1973. Appellants contend that this statute is void (and thus the court did not acquire jurisdiction over them) because the statute is a legislative attempt to regulate practice and procedure in the courts as to which the legislature has no constitutional authority, the power to regulate practice and procedure in all courts being exclusively vested in the Supreme Court by Article V, § 2(a), Florida Constitution.1 We must reject this argument. The matter of acquiring jurisdiction over the person in a judicial proceeding is a proper subject for legislative action.
Pursuant to the provisions of § 83.-59(2), F.S.1973, the plaintiff landlord utilized the summary procedure provided in § 51.011, F.S.1971, by virtue of which default and final judgment were entered more than five days (but less than twenty days) after service of process. Appellants argue that § 83,59(2), F.S.1973, is also an unconstitutional attempt by the legislature to regulate the practice and procedure in the courts and is therefore void. We think this argument overlooks Rule 1.010, R.C.P., which provides that “the form, content, procedure and time for pleading in all special statutory proceedings shall be as prescribed by the statutes providing for such proceedings unless these rules specifically provide to the contrary”. § 83.59, F.S.1973 is a special statutory proceeding which prescribes use of the summary procedure set out in § 51.011, F.S.1971. The Rules of Civil Procedure do not “specifically provide to the contrary” as to the form, content, procedure or time for pleading in landlord-tenant actions.
Thus, the statutory procedure is authorized under the rules.
Appellants assign error to the court’s denial of the motion to vacate the default and final judgment, but as noted above, no grounds in support of said motion were asserted other than those we have herein-above discussed and found to be without merit.
Finding no reversible error as to those matters raised on this appeal, we affirm the judgment.
Affirmed.
WALDEN and CROSS, JJ., concur. . In re clarification of Florida Rules of Practice and Procedure, Fla.1973, 281 So. 2d 204.
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Crocker v. Diland Corp. & Eugene Cook, 593 So. 2d 1096 (Fla. 5th DCA 1992)…by the legislature into rulemaking. In concluding it was not, the supreme court explained that under rule 1.010 a special statutory procedure controls unless a specific court-enacted rule provides otherwise. 343 So. 2d at 8. See also Lane v. Brith, 313 So. 2d 91 (Fla. 4th DCA 1975), cert. denied, 328 So. 2d 842 (Fla.1976). In effect, the supreme court has indicated that if there is some aspect of a special statutory procedure it disapproves, it will say so by rule. Unless it does, the special statutory proc…
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State v. A.C., 714 So. 2d 617 (Fla. 4th DCA 1998)…asion of the supreme court’s procedural rule-making authority. Merely because a law is “procedural” for purposes of an ex post facto analysis does not mean that it automatically infringes on the supreme court’s rule-making powers. See Lane v. Brith, 313 So. 2d 91, 92 (Fla. 4th DCA 1975), cert. denied, 328 So. 2d 842 (Fla.1976). We find that the two juvenile courts departed from the essential requirements of [*620] law in denying the state’s motions to transfer. The orders on review are quashed and the two j…
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Salvador v. Fennelly, 593 So. 2d 1091 (Fla. 4th DCA 1992)…rectly contradicts the hearing provision of a statute, that statutory provision would appear to be effective. See also, Wait v. Florida Power & Light Co., 372 So. 2d 420 (Fla.1979); Berry v. Clement, 346 So. 2d 105 (Fla. 2d DCA 1977); Lane v. Brith, 313 So. 2d 91 (Fla. 4th DCA 1975), cert. denied, 328 So. 2d 842 (Fla.1976). There are numerous court rules and statutory provisions providing for expedited procedures in the trial court. Temporary relief in family law matters is but one example. In addition, Rul…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Clarification OF Florida Rules OF Practice AND Procedure (Florida Constitution, 281 So. 2d 204 (Fla. 1973)