Jurisdiction

Question 1

Is the court is required to issue an advisory opinion at the direction of the Governor?

Answer 1

The Florida Constitution provides that the supreme court is required, when requested by the attorney general, to render an advisory opinion of the justices, addressing issues as provided by general law. Here, however, the Governor has made the request, and the court is not required to issue an advisory opinion at the direction of the Governor.

Question 2

Which court has jurisdiction over probate proceedings?

Answer 2

Cases involving the settlement of estates are within the exclusive trial jurisdiction of the circuit court, regardless of the amount at issue.

Question 3

Can a person be served at their vacation rental home?

Answer 3

In Florida, service of original process is made by delivering a copy of the process and complaint to the person to be served, or by leaving the copies at his usual place of abode with any person residing therein who is 15 years of age or older and informing the person of the contents. However, the service of process at a rental home is not considered “usual place of abode.”