Jurisidiction Flashcards
What is the mandatory jurisdiction of the FL Supreme Court?
Mandatory jurisdiction over:
(1) death penalty cases;
(2) constitutional questions - decisions of DCAs declaring a state statute or constitutional provision invalid;
(3) bond validations;
(4) public utility cases
What is the discretionary jurisdiction of the Florida Supreme Court?
(1) determining the validity of a statute;
(2) determining construction of FL or US constitution;
(3) Decisions affecting a class of constitutional or statutory officers;
(4) Certified Q’s from the DCAs, Federal Court of Appeals, or the US Supreme Court
What is the jurisdiction of the DCA?
(1) Admin decision by state agencies;
(2) Certified Q’s from county court;
(3) Various writs;
(4) All matters not directly appealable to the FL Supreme Court
What is the jurisdiction of the Circuit Courts?
(1) felonies
(2) juvenile cases
(3) civil cases over $30,000
(4) family law cases
(5) ejectment cases
(6) tax assessments
(7) probate
(8) guardianship and mental health cases
(9) appeals from county court
What is the jurisdiction of county courts?
(1) misdemeanors
(2) violations of municipal ordinances
(3) civil cases up to $30,000
(4) simplified and uncontested divorces
(5) HOA disputes
What is in personam jurisdiction?
Jurisdiction over the person of the defendant
What is in rem jurisdiction?
Jurisdiction over property located in FL
What is the effect of a summons?
Court has authority over you
What is a subpoena for?
Get authority over a non-party
Who can make delivery of service?
(1) sheriff
(2) process server appointed by the sheriff
(3) anyone over 18 who is not a party to the case and appointed by the court
What are the methods of delivery of service?
(1) personal service;
(2) substituted service (leave summons and complaint at D’s place of abode or work with any person residing or working there who is over 15 and can tell the D the contents;
(3) constructive service/service by publication (when you can’t find the party to be served - must submit affidavit that you tried)
(4) service by mail (send D a letter asking if they will accept service by mail; they send a response saying yes and get 60 days to respond)
How many days within a complaint being filed must a Defendant be served?
120 days
When can lack of SMJ be waived?
Any time up and throughout appeals
What is waived if not raised in the answer or pre-answer motion?
(1) lack of PJ
(2) bad venue
(3) insufficiency of process
(4) insufficiency of service of process
How can a D waive process?
(1) filing a responsive pleading w/o raising the defense that service was proper
(2) accepting service via mail and granting the P’s request for a waiver
