COLUMBUS MILLS, INC., APPELLANT,
v.
RAYMOND A. DIONNE, APPELLEE
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Columbus Mills appealed the dismissal of its counterclaims in a circuit court action, challenging whether counterclaims must meet the $2,500 jurisdictional minimum when the plaintiff's original claim exceeds that threshold. The court held that counterclaims need not satisfy the jurisdictional amount requirement when the court already has jurisdiction over the plaintiff's claim, reversing the dismissal.
The court held that where a court has jurisdiction over the plaintiff's original claim, the defendant may assert counterclaims for damages in a sum less than the court's ordinary jurisdictional limit. Counterclaims need not meet the jurisdictional amount requirement independently when the plaintiff's claim provides the basis for the court's jurisdiction.
[1] A circuit court retains jurisdiction over a plaintiff's claim, even if the defendant's counterclaim is for an amount less than the court's ordinary jurisdictional limit.
[2] A defendant may assert a counterclaim for damages in a sum less than the court's ordinary jurisdictional limit when the court already has jurisdiction over the plaintiff'…
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Join FLexlaw to unlock all legal intelligence“where the court has jurisdiction over the plaintiff's claim, the defendant may assert a counterclaim for damages in a sum less than the court's ordinary jurisdictional limit”
States the core holding that counterclaims need not meet the jurisdictional amount requirement independently
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Join FLexlaw to unlock all legal intelligenceColumbus Mills filed a claim in circuit court that exceeded the $2,500 jurisdictional requirement. The defendant, Raymond Dionne, asserted five counte…
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McNULTY, Chief Judge.
The question we answer this day is whether the circuit court erred in dismissing appellant’s five counterclaims for damages on the ground that such did not meet the $2,500 jurisdictional prerequisite. Sections 26.012(2)(a) and 34.01(1), F.S.1973. We answer in the affirmative and reverse.
Although Rule 1.170(j), R.C.P., requires transfer to the circuit court in the converse situation where the counterclaim exceeds $2,500, no Florida rule nor case law speaks to the case as here where the plaintiff’s original claim exceeds the jurisdictional amount but the counterclaim is less than $2,500. The weight of authority considering the question has followed the rule that where the court has jurisdiction over the plaintiff’s claim, the defendant may assert a counterclaim for damages in a sum less than the court’s ordinary jurisdictional limit.1 We join that array.
In adopting the view that counterclaims should not be dismissed for failure to meet the jurisdictional amount of the circuit court, we follow the tide of modern procedural reform and the spirit of the Florida Rules of Civil Procedure in promoting judicial economy and removing hyper-technical traps.2
In view whereof, the order appealed from should be, and it is hereby, reversed.
BOARDMAN and SCHEB, JJ., concur. . See, e. g., Collison v. Thomas (1961), 55 Cal.2d 490, 11 Cal.Rptr. 555, 360 P. 2d 51; Watkins v. Cossaboom (Tex.Civ.App., 1947), 204 S.W. 2d 56; 21 C.J.S. Courts § 66 (1940). Compare, however, the federal decisions under Federal Rule 13 which seem to indicate that only compulsory counterclaims may be maintained in the same action regardless of the jurisdictional amount. See 6 Wright and Miller, Federal Practice and Procedure, § 1415. These cases have been criticized, however, by responsible commentators. See, e. g., Wright and Miller, supra, § 1423, and 3 Moore, Federal Practice ¶ 13.19 (2d ed. 1974).
. Florida courts have already spoken to the other side of the coin where the plaintiff’s claim failed to satisfy the jurisdictional prerequisite of the circuit court, thus was filed in the lower court, and defendant’s counterclaim met the prerequisite. In interpreting Rule 1.170(j), R.C.P., it has been held that transfer of both the plaintiff’s original claim and defendant’s counterclaim is required whether or not the counterclaim is designated “compulsory” or “permissive” and notwithstanding that plaintiff’s original claim is without the circuit court’s jurisdiction. See Davis v. Flato (Fla.App.4th, 1968), 210 So. 2d 16; State ex rel. Rosenfeld v. Boyer (Fla.App. 1st, 1962), 145 So. 2d 547.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gordon v. Danilo Goodrich, 347 So. 2d 715 (Fla. 3d DCA 1977)…ounterclaim will not be dismissed for failure to meet the jurisdictional amount of the circuit court, as long as the original claim upon which the counterclaim is based exceeds the jurisdictional amount of said court. Columbus Mills, Inc. v. Dionne, 328 So. 2d 467 (Fla. 2d DCA 1976). Once the circuit court has jurisdiction over the claim and counterclaim, a subsequent dismissal of the claim will not divest the circuit court of jurisdiction over the counterclaim, even though said counterclaim, in and of itself…
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Burns v. Hacker, 804 So. 2d 414 (Fla. 5th DCA 2001)…o county court to be consolidated with Burns’ newly filed county court case, since it sought damages under $15,000 and had been filed in the circuit court as a compulsory counterclaim to Burns’ original complaint. See Columbus Mills, Inc. v. Dionne, 328 So. 2d 467 (Fla. 2d DCA 1976). The county judge to whom the case was assigned entered an order “declining” to accept the case because the judge concluded that the county court was without jurisdiction to hear the dispute. Burns then sought to have the circuit…
Authorities Cited
- State of Fla. ex rel. Sam Rosenfeld v. Honorable Tyrie A. Boyer, 145 So. 2d 547 (Fla. 1st DCA 1962)
- Davis v. Flato, 210 So. 2d 16 (Fla. 4th DCA 1968)