Hartley v. Tifft

District Court of Appeal of Florida

Hartley v. Tifft

87 So. 3d 54, 2012 WL 1292425, 2012 Fla. App. LEXIS 5816

CourtDistrict Court of Appeal of Florida

DecidedApril 17, 2012

DocketNo. 1D11-1814

StatusPublished

Cited by1 cases

This text of 87 So. 3d 54 (Hartley v. Tifft) 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

Hartley v. Tifft, 87 So. 3d 54, 2012 WL 1292425, 2012 Fla. App. LEXIS 5816 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Finding appellees’ motion for remand and notice of concession of error to be well-taken, the order dismissing the complaint without prejudice is quashed and the cause is remanded with instructions to allow appellant leave to amend his complaint. If appellant fails to sufficiently allege an amount in controversy to meet the jurisdictional requirements of the circuit court, the complaint should be trans-feiTed to the county court. See Spradley v. Doe, 612 So.2d 722 (Fla. 1st DCA 1993) (holding that an order dismissing a complaint for lack of subject matter jurisdiction to be error and remanding the case for transfer to the county court).

BENTON, C.J., ROWE and MAKAR, JJ., concur.

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PER CURIAM.

Finding appellees’ motion for remand and notice of concession of error to be well-taken, the order dismissing the complaint without prejudice is quashed and the cause is remanded with instructions to allow appellant leave to amend his complaint. If appellant fails to sufficiently allege an amount in controversy to meet the jurisdictional requirements of the circuit court, the complaint should be trans-feiTed to the county court. See Spradley v. Doe, 612 So.2d 722 (Fla. 1st DCA 1993) (holding that an order dismissing a complaint for lack of subject matter jurisdiction to be error and remanding the case for transfer to the county court).

BENTON, C.J., ROWE and MAKAR, JJ., concur.

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Bluebook (online)

87 So. 3d 54, 2012 WL 1292425, 2012 Fla. App. LEXIS 5816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartley-v-tifft-fladistctapp-2012.

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