JURISDICTION: SUBJECT MATTER JURISDICTION: AMOUNT IN CONTROVERSY: ACTION TO FORECLOSE SECURITY INTEREST IN PERSONAL PROPERTY IS EQUITABLE IN NATURE: COUNTY COURTS AND CIRCUIT COURTS HAVE CONCURRENT JURISDICTION OVER EQUITABLE ACTIONS IN WHICH THE AMOUNT IN CONTROVERSY DOES NOT EXCEED $15,000: CIRCUIT COURTS HAVE EXCLUSIVE JURISDICTION OVER EQUITABLE ACTIONS IN WHICH THE AMOUNT IN CONTROVERSY EXCEEDS $15,000: STATUTORY REPLEVIN IS A LEGAL ACTION: ACTION FOR STATUTORY REPLEVIN IN WHICH THE AMOUNT IN CONTROVERSY DOES NOT EXCEED $15,000 MAY BE BROUGHT IN CIRCUIT COURT IF IT IS COMBINED WITH AN ACTION TO FORECLOSE A SECURITY INTEREST IN PERSONAL PROPERTY

Johnson v. American First Federal, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D316 (Fla. 1st DCA February 7, 2014)

The plaintiff filed an action in circuit court “seeking replevin of, and to foreclose its security interest in a [truck], which was alleged to have a value of less than $15,000.”  The plaintiff prevailed on summary judgment and … Click To Read Full Case Law Review...

CIVIL PROCEDURE: SUBJECT MATTER JURISDICTION: AMOUNT IN CONTROVERSY: DECLARATORY JUDGMENTS: INSURANCE COVERAGE: POLICY LIMITS: COST OF DEFENSE

Elisias v. GEICO General Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly D1630 (Fla. 4th DCA July 31, 2013)

The insurance company prevailed in an action for declaratory judgment to determine whether its liability policy extended coverage to its insured in a third party case.  On appeal, the insured contended that the circuit court lacked subject matter … Click To Read Full Case Law Review...

JURISDICTION: SUBJECT MATTER JURISDICTION: DECLARATORY JUDGMENT ACTION: AMOUNT IN CONTROVERSY

United Automobile Insurance Company v. Kendall South Medical Center, ___ So. 3d ___, 36 Fla. L. Weekly D142 (Fla. 3d DCA 1/19/11)

The appellate court affirmed the dismissal for lack of subject matter jurisdiction of a declaratory judgment action in circuit court in which the amount in controversy did not exceed $15,000.  The PIP carrier sought a judicial declaration that … Click To Read Full Case Law Review...