ANNA FESTA, APPELLANT,
v.
JOHN L. BRITTON, APPELLEE

Fla. 3d DCA | 1979-07-17
No. 78-1847
Before PEARSON, KEHOE and SCHWARTZ, JJ.
372 So. 2d 1168 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 2 cases


Opinion of the Court
KEHOE, Judge.

KEHOE, Judge.

Appellant, respondent in the circuit court action and claimant in the mediation proceedings, brings this appeal from a final judgment entered by the circuit court requiring her to pay appellee a panelist fee of $100 plus $58.17 costs and interest. The judgment was entered pursuant to a petition for a rule nisi filed in the circuit court by appellee after appellant failed to pay him the panelist fee awarded by the court. A show cause order was issued for August 3, 1977, and, after appellant failed to appear, the circuit court entered the final judgment appealed. In our opinion, the circuit court lacked jurisdiction to hear this matter. The petition for a rule nisi, was in essence, a complaint for damages in the amount of $100. This amount is below the minimal jurisdictional amount for such causes of action in the circuit court. Art. V, § 20(d)(4), Fla.Const. See also Murphy v. Shoemaker, 287 So. 2d 143 (Fla. 4th DCA 1973). Accordingly, the final judgment appealed is reversed.

Reversed.


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Cited By

  • S. Records & Tape Serv. v. The Honorable Murray Goldman, 458 So. 2d 325 (Fla. 3d DCA 1984)
    …), Fla.Stat. (1983). Circuit court jurisdiction is invoked by good faith allegations in the pleadings. See Zuckerman v. Professional Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA), review denied, 411 So. 2d 385 (Fla.1981); Festa v. Britton, 372 So. 2d 1168 (Fla. 3d DCA 1979). In the case under consideration, the county seeks enforcement of orders which form the basis of its allegations that the amount involved exceeds $11,000 and justifies equitable relief; these allegations place the matter within t…

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