Hartley v. Tifft

District Court of Appeal of Florida

Hartley v. Tifft

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

District Court of Appeal of Florida·Decided April 17, 2012·No. No. 1D11-1814·Published·Cited by 1 cases

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.

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

Pincite

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Opinion

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