Jurisdiction Flashcards
Mandatory Jdx of FLSC (4 types of cases)
FLSC has mandatory appellate jdx over:
- capital cases - final judgments of trial courts imposing the death penalty
- constitutional questions - decisions of district courts of appeal declaring invalid a state statute or provision of the state constitution
- bond validations - final judgments entered in the proceedings for the validation of binds or certificates of indebtedness, AND
- public utility cases - actions of statewide agencies relating to rates or services of utility providing electric, gas, or telephone services.
FLSC has discretion to review decisions of district courts of appeal that:
- declare a statute invalid
- construe a provision of the state or federal constitution
- affect a class of constitutional or state officers
- conflict with the decision of another DCOA or of the FLSC on the same question of law
- pass upon a question certified by the DC to be of great public importance, OR
- are certified by the DCOA to be in direct conflict with a decision of another DCOA
FLSC has discretion to review order of trial courts certified by the DCOA to require immediate resolution by FLSC and to:
- be of great public importance
OR - have a great effect on the proper administration of justice through the state
FLSC ALSO has discretion to review:
questions of law certified by SCOTUS or a US COA that are determinative of the cause for for which there is NO controlling precedent by FLSC
FLSC has original jdx over:
- writs of prohibition to other courts, directing them to cease an act
- writs of mandamus
- writs of habeas corpus
- writs of quo warranto to state officers and state agencies
- all writs necessary to complete exercise of its jdx
How many districts in FL?
5.
And 5 District Courts of Appeal
District Courts of Appeal may hear:
- all matters that are not directly appealable to FLSC or to a circuit court
- administrative decisions
- writs
- county court orders (that are FINAL)
Circuit Courts
20 circuits
General jdx, can hear all kinds of cases
$15k threshold
Needed to get into CIRCUIT court. Below, stay in county court
Need MORE than $15k. So $15k and a penny.
Can you aggregate claims to meet the $15k requirement?
NOT IF THEY ARE UNRELATED
When can you combine claims to confer jdx in the circuit court?
- if all the claims are RELATED - coming out of the same transaction or occurrence
- if at least ONE of the actions is over $15, can add other claims
- A counterclaim over $15k allows a case to go to circuit court
Can the parties waive SMJ?
Never
When can you challenge SMJ?
Any time. Just like federal.
When can the state exercise PJ over the ∆?
TEST:
1. if jdx is authorized by Florida law
AND
2. the Florida law is constitutional
Jdx authorized by Florida law:
- residence or business location
2. long-arm jdx
Residence of Business location (for PJ)
∆s will be subject to FL jdx by reason of:
- residence in FL
- Consent
- Corporate incorporate or registration in FL
Long-Arm jdx (PJ)
PJ over a NONRESIDENT, if the ∆ has the contacts with the state described in the statute.
Includes Specific jdx and General jdx
Specific Jdx (PJ - long-arm)
Exists when the ∆ establishes contacts with the state AND the lawsuit arises from those contacts
Here, can only have PJ arising from those specific contacts
General jdx (PJ - long-arm)
Arises when the ∆ engages in continuous and systematic business in FL. Has to be HUGE amounts of business, and is pretty rare.
Here, ANY claim, regardless of whether it arose from the ∆’s business in the state.
To establish jdx, a party need only plead:
that the ∆ committed the actions set forth in the statute
Service of process begins with:
the issuance of a summons by the Clerk
Subpoenas are for non-parties
True of false?
TRUE.
Who can make service?
- A sheriff
- Someone appointed by the court, so long as the person is over 18 (18 and one second old, doesn’t have to be 19), who is not otherwise interested in the lawsuit.
Can a π personally serve the ∆?
NOPE. Person has to be UNINTERESTED
Methods of service
Personal service
Substituted Service
Constructive service (service by publication)
Service by mail
Personal service
Deliver service to the person. The person can be anywhere
Substituted service
Where you can’t find the person, so you leave service at:
1. their place of residence or employment,
2. leave it with someone there who is at LEAST 15 yrs old,
AND
3. you tell them what you’re giving them.
You have to try to actually serve the party
Constructive service (service by publication)
Can be used when ∆ can’t be found.
Have to make sworn statement that you made a diligent search and inquiry.
Service by mail
A party may be served by mail upon their CONSENT.
In their interest to do so - bc will get 60 days to respond to the complaint, instead of 20
Timing of service
Must be made within 120 days of filing the complaint.
Court can extend time upon good cause shown
Service on Incompetents
When an incompetent is a ∆ in a case, service must be made on their legal guardian, if they have a legal guardian.
In FL, may a party make a “special appearance” to challenge PJ?
(an appearance made for a specific purpose, also called a limited appearance)
NOOOO. If you try to make a special appearance to challenge the court’s PJ over you instead of filing a responsive pleading, congratulations, you have just waived PJ.
