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A Day > FLORIDA CIVIL PROCEDURE > Flashcards

FLORIDA CIVIL PROCEDURE Flashcards

1
Q

Florida Courts

A

County Court
Circuit Court
District Courts of Appeal
Supreme Court of Florida

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2
Q

Supreme Court of Florida

A

*Appellate Jurisdiction (Mandatory and Discretionary review)

*Writ Jurisdictions

*Advisory Opinions

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3
Q

District Courts of Appeal Jurisdiction

A

*Jurisdiction from Trial Courts (by appeal or certiori)

*Jurisdiction from Administrative Action

*Original Jurisdiction

*Jurisdiction from County Courts-Discretionary Appeal

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4
Q

Circuit Court Exclusive Trial Jurisdiction

A
  • probate and estate matters
  • guardianship
  • incompetence
  • cases involving title/boundaries to real property
  • cases involving juvenile offenses
  • ejectment cases (except landlord evicting tenants)
  • equity suits EXCEEDING $30,000
  • Actions at law EXCEEDING $30,000
  • Counterclaims EXCEEDING $30,000
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5
Q

Circuit Court Shared Jurisdiction

A
  • Equity cases, even those NOT exceeding $30,000
  • Landlords evicting tenants and amount of controversy is more than $30,000
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6
Q

County Courts Jurisdiction

A

Each of 67 counties has a county (trial) court.

Deals with:

  • Violations of municipal ordinances
  • Civil cases
  • Actions at law not exceeding $30,000 (unless the object of the case is not an exclusive area of County Courts)
  • Landlords evicting tenants-if the eviction case involves $30,000 or less, it MUST go to County Court (if more, it can go to either).
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7
Q

Aggregating Amounts

A

Causes cannot be aggregated in Fl. An amount can be aggregated only if the claims arise from the same occurrence or transaction.

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8
Q

Jurisdictional Amount (Plaintiff) Does Not Satisfy Circuit Court

A

If the case does not satisfy amount or Circuit Court, it must:

  • transfer the case to the County Court if the plaintiff pays transfer costs within 30 days, or
  • if the plaintiff does not pay the transfer costs within 30 days, then the case is dismissed without prejudice
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9
Q

Jurisdictional Amount of Counterclaim (Defendant)

A

If the defendant’s counterclaim exceeds $30,000 then the counterclaim is within the exclusive jurisdiction of the Circuit Court.

In order to transfer, the defendant must pay the costs of transfer to the Circuit Court.

If the defendant does not pay, then the counterclaim is reduced to $30,000.

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10
Q

General Personal Jurisdiction

A

Ability of a court to hear a case over a defendant for any claim that arises anywhere that the defendant is at home in the forum.

Bases of General Jurisdiction:

  • Defendant is present when served with process in the forum state
  • Domicile
  • Defendant is a corporation, incorporated in Florida
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11
Q

Specific Personal Jurisdiction

A

Ability for the courts to exercise jurisdiction over the particular claim.

Bases of personal jurisdiction:

-Long Arm Statute

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12
Q

Long Arm Statute

A

A court will have specific personal jurisdiction, when a claim arises under one of the clauses of the Florida Long Arm Statute.

(1) Operating a business/having an office in Fl
(2) Nonresident owns/uses/possesses or holds a mortgage/lien in Fl land AND the claim arises out of one of those uses in Fl
(3) Committed a tort in Fl
(4) When activity is committed outside of Fl, but the effect is felt in Fl, the tort cause of action must arise from that communication or effect.
(5) When the tortious act is committed by a nonresident outside of Fl, but the effect is felt on the plaintiff who is in FL, then specific jurisdiction is valid only if (1) defendant engaged in soliciting activities in Fl, or (2) product was used in Fl in the ordinary course of commerce
(6) Contractual basis of claims-if obligation/contract is breached in Fl
(7) Nonresident motorist act-provides that you may sue a non-resident who owns/operates/watercraft/aircraft that is involved in an accident in FL

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13
Q

Constitutional Analysis in Specific Jurisdiction Cases

A

Because a court exercising specific jurisdiction may not also have general jurisdiction over the defendant, a constitutional analysis in specific jurisdiction cases is required to ensure that exercising jurisdiction over the defendant is fair.

**A court must determine whether the defendant has sufficient minimum contacts in the forum, such that exercise of jurisdiction over the defendant does not offend traditional notions of fair play and substantial justice.

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14
Q

Service of Process

A

Summons and Copy of Complaint

Elements of proper service:

(1) Signature and due diligence is required.
(2) Service is acceptable when made by: Sheriff/Sheriff’s Appointee/Nonparty adult appointed by court (aka “Elisor”)
(3) Time-server notes the date/time of service as well as an identification number if she is an Elisor, and initials.

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15
Q

Return of Proof of Service

A

Prima facie evidence that service is made by officer of court

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16
Q

Proof of Service by Civilian

A

Proof is by affidavit

17
Q

Proof of Service by Officer

A

Need not be by affidavit

18
Q

Florida Restriction Against Serving on Sundays

A

In Fl, service of process cannot take place on Sunday, unless the plaintiff gives an affidavit that she has reason to believe that the defendant will leave the state under the protection of Sunday.

19
Q

Who Cannot Accept Personal Service

A

Minor or Incompetent

20
Q

Methods of Personal Service

A
  1. On an individual
  2. Personal Delivery
  3. Substitute or Abode Service
  4. Service on Spouse
  5. Substitute Service at Private Mailbox or Shared Office
  6. Service on Agent
  7. Service on Tenant in Action for Possession of Residential Premises
  8. Service in Gated Residential Community
  9. Nail and Mail (posted service)
  10. On a Minor or Incompetent (with strict requirements)
  11. On a Sole Proprietor
  12. On a Partnership
  13. On a Corporation
  14. On the State (of Florida)
  15. On a Municipality, County, Board, Commission, Agency
  16. On a Labor Union
  17. Under General Long Arm Statute
21
Q

Personal Service by Substitute or Abode Service

A

Requires strict compliance with Statute:

(1) Must be usual place of abode
(2) Process is left with one who is at least 15 years old, and resides there, AND
(3) Server must tell the person about the contents of the document

22
Q

Personal Service on a Spouse

A

(1) If Spouse requests it;
(2) the two reside together; and
(3) Need not be at place of abode

23
Q

Nail and Mail (Posted Service)

A

Works only in dispossessory case by landlord v. tenant.

*In some circumstances, the process can be posted conspicuously and then have the clerk mail it first class to the defendant. These circumstances must show that (1) you failed twice at least 6 hours apart to make a personal or substituted service of process.

24
Q

Personal Service on a Minor or Incompetent

A

Guardian: must serve the guardian

No** **Guardian: must serve a parent and ask a parent to appoint a g.a.l. to represent the interests of the minor in the litigation.

25
Q

Hierarchy of Personal Service on a Corporation

A

Fl follows a descending order rule that requires the server to start at the highest rank, and can only descend after failing to serve at the higher rank.

  1. President, Vice President, or other head of Corporation
  2. Cashier, Treasurer, Secretary, General Manager
  3. Director
  4. Any Officer or business Agent residing in FL*
  5. Service at Private Mailbox or Residential Address
  6. If no Registered Agent or Registered Office-then process can be served on an employee at the company’s principal place of business

*See Personal Service on a Personal Service on a Registered Agent

26
Q

Personal Service on a Registered of a Corporation

A

All Fl corporations, and permitted transacting corporations in Fl, must appoint a registered agent to accept service of process.

Must also designate a registered office and keep it open from 10:00 am to Noon, except for weekends and corporate holidays.

27
Q

Service of Process Under General Long Arm Statute on a Corporation

A

(1) Serve out-of-state in any of the methods that are allowed by FL law and (2) Service is made in that state by any officer permitted to serve.

28
Q

Service of Process Under General Long Arm Statute on a

Nonresident Natural Person;

Partnership;

Foreign Corporation; or

Former Resident who Operates a Business; or Has an Office in FL

A
  1. Resident Agent should be served.
  2. Substituted Service is permissible if there is no registered agent.
    1. Serve Fl Secretary of State, and
    2. Have defendant served out-of-state by a proper officer, OR by registered/certified mail with return receipt requested
29
Q

Service of Process Under General Long Arm Statute on Nonresident Owner or Operator in Action Arising out of Motor Vehicle, Aircraft, or Watercraft accident in FL

A
  1. Serve on the FL Secretary of State, and
  2. Have the defendant serve personally out-of-state by a proper officer OR by certified/registered mail with return receipt requested.

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