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FL Civil Pro Bar Exam 2020 > Civil Procedure Practice > Flashcards

Flashcards in Civil Procedure Practice Deck (5)
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1

Patty sues Dan concerning a breach of contract. The amount at issue in the contract is $10,000.

Does Circuit Ct have SMJ?

Does County Ct have SMJ?

The CIRCUIT court would NOT have subject matter jurisdiction over that case.

The COUNTY court WOULD have subject matter jurisdiction because the amount in controversy is $15,000 or less.

2

Patty sues Dan, claiming $20,000 in damages.

Does Circuit Ct have SMJ?

Does County Ct have SMJ?

The CIRCUIT court has subject matter jurisdiction because the amount in controversy exceeds $15,000.

The COUNTY court would NOT have subject matter jurisdiction.

3

Patty sues Dan for two claims. The first claim is a breach of contract to paint her house. The value of that claim is $10,000. The second claim concerns a car accident between Patty and Dan. The value of that claim is also $10,000.

Does Circuit or County Ct have SMJ?

COUNTY COURT

WHY? The two claims do not arise from the same transaction or occurrence.

RULE - A plaintiff can satisfy the amount in controversy requirement by combining claims if they arise out of the same transaction or occurrence

4

Patty has filed a complaint against Dan in a Florida state court. Dan lives at 123 Main Street. Patty hired a process server to serve process on Dan. The process server comes to 123 Main Street and rings the doorbell. No one answers, so the process server pushes the process under the door.

Is the service appropriate?

NO

WHY?

RULE - Sufficient personal service includes leaving the required process at the defendant’s usual place of ABODE with any person residing therein who is 15 years of age or older, and you inform that person of the contents of what you are giving them.

5

Patty and Dan are in a car accident. The accident occurs in Orange County. Patty resides in Lee County. Dan resides in Pinellas County. In which county or counties is venue appropriate in the case of Patty v. Dan?

Orange or Pinellas

Rule: Venue in Transitory actions lies in either:
 The county in which the defendant resides; or
 The county in which the cause of action accrued.