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Flashcards in Civ Pro Deck (75)
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judicial power in general

FLC provides that the judicial power is vested in a supreme court, district courts of appeal (5), circuit courts (20) and county courts. No other courts may be established by the state, a political subdivision, or any municipality. The legislature divides the state into appellate court districts and circuit courts following county lines


jurisdiction in general

power of the court to take notice of personal and subject matter jurisdiction of parties and matters brought before it


subject matter jurisdiction

power of a court to hear and determine a cause of action; must be conferred by statute or state constitution-more often created by legislation


supreme court mandatory appellate review

1-decisions from DCAs declaring a state statute or provision of the FLC invalid; 2-final judgments imposing death; 3-final judgments in proceedings for the validation of bonds or certificates of indebtedness; 4-review action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service


supreme court discretionary appellate review

DCA decision that expressly declares a statute or FLC provision valid; 2-DCA decision that expressly affects a class of constitutional state officers; 3-DCA decision that expressly and directly conflicts w/ the decision of another DCA or of the FLS on the same question of law; 4-DCA decision that passes upon a question certified to be of great public importance or to have great effect on the proper administration of justice; 5-Trial court judgment or order certified by DCA in which an appeal is pending to be of great public importance or to have great effect on the proper administration of justice; 6-a question of law certified by SCOTUS or a USDCA that is determinative of the cause and for which there is no controlling FLS precedent


FLS writs

may issue writs of prohibition to courts and all writs necessary to complete its jurisdiction. In addition; writs of mandamus and quo warranto to state officers and agencies; writs of habeas corpus returnable before them or any other judge except county; does NOT have jurisdiction for petitions of common-law cert


death penalty cases & FSC

has mandatory appellate jurisdiction from circuit courts; exclusive jurisdiction to review of collateral proceedings such as vacated sentences; does not have jurisdiction over cases in which it vacated sentence AND conviction; does not have jurisdiction over cases in which death was sought, but not imposed


FSC & advisory opinions

FSC is required, when requested by the attorney general, to render an advisory opinion


DCAs in general

5; court of last resort for most cases; hear appeals taken as a matter of right from final judgments of trial courts; must review non-final orders f circuit courts according to the Rules of Appellate Procedure; can entertain state's appeal from a non-final order of a county court certified to be of great public importance


DCA mandatory appellate review

final orders of trial courts not directly reviewable by the FSC or a circuit court; administrative actions as provided by general law; certain non-final orders of circuit courts


DCA mandatory appellate review: non-final orders listed:

concern venue; grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunction; determine jurisdiction of the person; concern right to immediate possession of property, including but not limited to orders that grant, modify, dissolve, or refuse to grant, modify, or dissolve writs of replevin, garnishment, or attachment; concern the right to immediate monetary relief or child custody in family law matters; concern entitlement of a party to arbitration or to an appraisal under an insurance policy; determine that a party is not entitled to worker's comp immunity; determine that a class should be certified; determine that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law; eminent domain; grant deny or terminate the appointment of a receiver


DCA original jurisdiction

may issue writs of prohibition to courts and all writs necessary to complete its jurisdiction. In addition; writs of mandamus and quo warranto to state officers and agencies; writs of habeas corpus returnable before them or any other judge except county; no jurisidiction to issue injunctions, except the power to issue writs


DCA discretionary review

orders of county courts that are appealable to circuit courts, but that county court has certified to be of great public importance; final orders by the county court; non-final orders by the county criminal court appealed by the state; can decline an appeal and the appeal goes to the DCA


DCA cert jurisdiction

cert jurisdiction may be sought by: nonfinal orders of lower tribunals not outlined in appellate jurisdiction, and final orders of circuit courts acting in their review capacity; petitioner seeking cert must meet high burden of showing that a clear departure from the essential requirements of law has resulted in otherwise irreparable harm


circuit courts: in general

primary trial court in the state judicial system; court of general/plenary jurisdiction; have authority over any matter not expressly denied them by the FLC or statute; share some SMJ with county courts; 20 judicial circuits in FL; powers cannot be curtailed by legislature or an administrative order


circuit courts: trial jurisdiction includes:

1-all actions not cognizable in county court; 2-proceedings relating to the settlement of estates of descendents and minors, guardianship, involuntary hospitalization, and incompetency; 3-all cases in equity, including relating to juveniles, except traffic offenses; 4-all felonies and misdemeanors arising out of the same circumstances as a felony that is also charged; 5-cases involving legality of tax assessment or toll, or denial of refund; 6-actions of ejectment; 7-actions involving title and boundary of real property


circuit courts: appellate jurisdiction

all appeals from county courts except those declaring invalid a state statute or FLC provision, or appeals from county determined to be of great public importance and accepted by the DCA for review; also can hear appeals from administrative orders of local gov't enforcement boards


circuit courts: original jurisdiction

may issue injunctions, writs of mandamus, prohibition, quo warranto, certiorari, and all other writs necessary to carry out their jurisdiction


circuit courts: certiorari jurisdiction

cert may be sought to review certain non-final county orders


county courts: original jurisdiction

1-all MM not hearable in circuit court; 2-violations of municipal and county ordinances; 3-actions at law or matter in equity where controversy does not exceed $15k; 4-HOA disputes; 5-dissolutions of marriage under the simplified dissolution procedure pursuant to the FL Family Law Rules, or uncontested dissolutions; 6-actions relating to the right to possess real property, except that circuit court has concurrent jurisdiction if amount in controversy exceeds $15k


circuit court versus county court amounts in controversy

county court up to $15k; circuit court if over $15k; two or more claims may be added together of arising from the same transaction; if different persons and different transaction, but same D, at least one claim must be over $15k


concurrent jurisdiction for county and circuit courts

1-actions in equity %15k or less; 2-LL/T not exceeding $15k; 3-right to real property that exceeds $15k; 4-HOA disputes


personal jurisdiction in general

the court must have a legal basis to assert power over the D; the D may waive by not challenging the personal jurisdiction-must assert claim for affirmative relief. FL courts have PJ over all FL residents. The state's Long Arm Statute can reach nonresidents.


personal jurisdiction over D: w/o long arm statute

1-domiciled in FL; 2-consents to jurisdiction; 3-makes an appearance in a FL action; 4-a corporation incorporated in FL; 5-foreign corporation w/ a place of business in FL; 6-engages in continuous and systematic activity in FL


FL's long arm statute arises out of:

1-operating, conducting, engaging in, or carrying on a business venture in FL or having an office or agency in state; 2-committing a tortious act in state; 3-owning, using, or possessing real property in state; 4-contracting to insure any person, property, or risk in FL at time of contracting; 5-maintaining a domicile in FL at time action regarding alimony, support, or distribution was started, or before it started; 6-causing injury to persons inside FL by act or omission outside FL involving solicitation or sale of services or products in FL; 7-breaching K in state; 8-engaging in sex on FL when kid might have been conceived w/ regards to paternity


in rem jurisdiction

exists when: 1-the court has jurisdiction over the class of cases to which the case belongs, and 2-the court has jurisdictional authority over the property or thing that is the subject of the controversy


quasi-in-rem jurisdiction

power of the court over D;s interest in property that is within the court's jurisdiction; usually when an action for damages or some other form of personal liability is initiated by the attachment, garnishment, or seizure of property; may not involve the property itself, but the claim for relief may be satisfied at least to the extent of the value of the property; must have minimum contacts w/ FL


service of process in general

jurisdiction over a party requires service of process pursuant to law. 3 types: personal, substituted, or constructive.


service of process: personal service

Personal is the physical delivery of a copy of the process and initial pleading to the person to be served by a person authorized by law to serve process; can serve any roommate over age 15 if you inform the person of the contents; can be an employer


service of process: substituted service

delivery to someone other than the D who is authorized by law or contract to be served for the D; can be spouse of they live together; if only address is a private mailbox, can be served to person maintaining the mailbox for D