Florida Civil Procedure

Question 1

When does FL have jurisdiction without resort to the long-arm statute?

Answer 1

1. DOMICILE - D is domiciled in FL;
2. CONSENT - D consents to FL jurisdiction;
3. APPEARANCE D makes a general appearance in FL action;
4. CORPORATION - is a corporation with PPB in FL;
5. CONTINUOUS & SYSTEMATIC ACTIVITY; &
6. FORUM SELECTION CLAUSE - must: (i) choose FL law; (ii) nonresident submit to FL jurisdiction; (iii) consideration not less than $250,000; (iv) doesn’t violate U.S. Const.; & (v) bears substantial or reasonable relation to FL

Question 2

Over what activities does the FL Long-Arm Statute provide jurisdiction over?

Answer 2

the claim must arise out of:
1. D’s business in FL;
2. a tort in FL;
3. real property in FL;
4. insurance in FL;
5. action outside FL, injury within FL; or
6. contract in FL

Question 3

Over what actions does the Florida Supreme Court have mandatory subject-matter jurisdiction?

Answer 3

The Florida Supreme Court has mandatory subject-matter jurisdiction over:
1. DCA declaring state statute or constitution invalid;
2. final judgments for validation bongs;
3. statewide agency actions of utilities; &
4. final judgments imposing the death penalty.

Question 4

Over what actions does the Florida Supreme Court have discretionary review?

Answer 4

The Florida Supreme Court has discretionary review over:
1. DCA or trial court orders certified of great public importance; &
2. certified questions by federal courts

Question 5

Over what cases does the Florida Supreme Court have exclusive jurisdiction?

Answer 5

The Florida Supreme Court has exclusive jurisdiction over:
1. collateral proceedings in death penalty cases; &
2. advisory opinions when requested by the attorney general

Question 6

When does the DCA have jurisdiction?

Answer 6

The DCA has jurisdiction over:
1. final orders; or
2. interlocutory orders

Question 7

What are interlocutory, non-final, orders?

Answer 7

The DCA may exercise over non-final orders, including:
1. those concerning venue;
2. injunctions;
3. jurisdiction & other issues of immediate rights;
4. denials of immunity under federal law;
5. appointment of receivership;
6. grant of a new trial; &
7. relief based on mistake, inadvertence, newly discovered evidence