Festa v. Britton

District Court of Appeal of Florida

Festa v. Britton

372 So. 2d 1168, 1979 Fla. App. LEXIS 15459

CourtDistrict Court of Appeal of Florida

DecidedJuly 17, 1979

DocketNo. 78-1847

StatusPublished

Cited by1 cases

This text of 372 So. 2d 1168 (Festa v. Britton) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Festa v. Britton, 372 So. 2d 1168, 1979 Fla. App. LEXIS 15459 (Fla. Ct. App. 1979).

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Opinion

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 [1169]*1169matter. 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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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 [1169]*1169matter. 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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372 So. 2d 1168, 1979 Fla. App. LEXIS 15459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/festa-v-britton-fladistctapp-1979.

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