Hollywood Food Court, Inc. v. Hollowell

District Court of Appeal of Florida

Hollywood Food Court, Inc. v. Hollowell

588 So. 2d 243, 1991 Fla. App. LEXIS 9328, 1991 WL 174648

CourtDistrict Court of Appeal of Florida

DecidedSeptember 11, 1991

DocketNo. 91-1510

StatusPublished

This text of 588 So. 2d 243 (Hollywood Food Court, Inc. v. Hollowell) 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

Hollywood Food Court, Inc. v. Hollowell, 588 So. 2d 243, 1991 Fla. App. LEXIS 9328, 1991 WL 174648 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

Petition for writ of certiorari is granted and the circuit court’s order denying petitioners’ motion to dismiss is quashed only insofar as that order concerns the tenant eviction count of respondent’s complaint. The circuit court is directed to transfer the eviction count to the county court.

We have found no Florida law under which the circuit court has jurisdiction of eviction under the present circumstances of this case, albeit existence of such provision would make for judicial and legal economy. We commend the matter to the attention of the legislature.

Pursuant to rule 1.170(j), should there be raised by counterclaim or cross-claim a demand in excess of the county court’s jurisdiction, the action for eviction shall forthwith be transferred back to the circuit court.

DOWNEY, HERSEY and POLEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Petition for writ of certiorari is granted and the circuit court’s order denying petitioners’ motion to dismiss is quashed only insofar as that order concerns the tenant eviction count of respondent’s complaint. The circuit court is directed to transfer the eviction count to the county court.

We have found no Florida law under which the circuit court has jurisdiction of eviction under the present circumstances of this case, albeit existence of such provision would make for judicial and legal economy. We commend the matter to the attention of the legislature.

Pursuant to rule 1.170(j), should there be raised by counterclaim or cross-claim a demand in excess of the county court’s jurisdiction, the action for eviction shall forthwith be transferred back to the circuit court.

DOWNEY, HERSEY and POLEN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

588 So. 2d 243, 1991 Fla. App. LEXIS 9328, 1991 WL 174648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollywood-food-court-inc-v-hollowell-fladistctapp-1991.