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...

INSURANCE: PIP: ATTORNEY’S FEES; APPEALS: JURISDICTION: CIRCUIT COURT’S ORDER DENYING APPELLATE ATTORNEY’S FEES UNDER SECTION 627.428, FLORIDA STATUTES, CONSTITUTED AN ORIGINAL DECISION REVIEWABLE BY DIRECT APPEAL RATHER THAN CERTIORARI

Massagee v. MGA Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly D2627 (Fla. 5th DCA December 13, 2013)

The appellate court denied rehearing but substituted a new opinion for its original one.

The insured obtained summary judgment in an action in county court to declare that he was entitled to PIP benefits.  The circuit court, sitting in … Click To Read Full Case Law Review...

APPEALS: JURISDICTION: TIMELINESS: NOTICE OF APPEAL MUST BE FILED, RATHER THAN MERELY SERVED, WITHIN THIRTY DAYS OF RENDITION

Tillett v. Reemployment Assistance Appeals Commission, ___ So. 3d ___, 38 Fla. L. Weekly D1487 (Fla. 1st DCA July 5, 2013)

A notice of appeal must be filed within thirty days of rendition of the order to be reviewed.  Merely filing the notice within thirty days is not good enough.  In this case, although the notice was mailed to Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: DISCOVERY: SANCTIONS: DISMISSAL: ABSENCE OF FINDING OF WILLFUL NONCOMPLIANCE: APPEALS: JURISDICTION: DISMISSAL WITHOUT PREJUDICE WAS APPEALABLE

Wells Fargo Bank, N.A. v. Stahler, ___ So. 3d ___, 38 Fla. L. Weekly D1431 (Fla. 5th DCA June 28, 2013)

The trial court erred by dismissing without prejudice an action to foreclose upon a mortgage “as a sanction for perceived discovery abuses” because of the absence of findings or evidence in the record of willful noncompliance with the … Click To Read Full Case Law Review...

REAL ESTATE: JURISDICTION: CONCURRENT JURISDICTION: ACTIONS FOR BREACH OF PROMISSORY NOTES AND FORECLOSURE PENDING IN DIFFERENT STATES; APPEALS: CERTIORARI

Spacebox Dover, LLC v. LSREF2 Baron LLC, ___ So. 3d ___, 38 Fla. L. Weekly D1038 (Fla. 2d DCA May 10, 2013)

After the bank filed an action in Mississippi for breach of promissory notes, it filed an action in Florida to foreclose on the collateral.  One of the defendants moved for a stay of the foreclosure action while the Click To Read Full Case Law Review...