Jurisdiction

Question 1

Mandatory Jdx of FLSC (4 types of cases)

Answer 1

FLSC has mandatory appellate jdx over:

1. capital cases - final judgments of trial courts imposing the death penalty
2. constitutional questions - decisions of district courts of appeal declaring invalid a state statute or provision of the state constitution
3. bond validations - final judgments entered in the proceedings for the validation of binds or certificates of indebtedness, AND
4. public utility cases - actions of statewide agencies relating to rates or services of utility providing electric, gas, or telephone services.

Question 2

FLSC has discretion to review decisions of district courts of appeal that:

Answer 2

1. declare a statute invalid
2. construe a provision of the state or federal constitution
3. affect a class of constitutional or state officers
4. conflict with the decision of another DCOA or of the FLSC on the same question of law
5. pass upon a question certified by the DC to be of great public importance, OR
6. are certified by the DCOA to be in direct conflict with a decision of another DCOA

Question 3

FLSC has discretion to review order of trial courts certified by the DCOA to require immediate resolution by FLSC and to:

Answer 3

1. be of great public importance
   OR
2. have a great effect on the proper administration of justice through the state

Question 4

FLSC ALSO has discretion to review:

Answer 4

questions of law certified by SCOTUS or a US COA that are determinative of the cause for for which there is NO controlling precedent by FLSC

Question 5

FLSC has original jdx over:

Answer 5

1. writs of prohibition to other courts, directing them to cease an act
2. writs of mandamus
3. writs of habeas corpus
4. writs of quo warranto to state officers and state agencies
5. all writs necessary to complete exercise of its jdx

Question 6

How many districts in FL?

Answer 6

5.

And 5 District Courts of Appeal

Question 7

District Courts of Appeal may hear:

Answer 7

1. all matters that are not directly appealable to FLSC or to a circuit court
2. administrative decisions
3. writs
4. county court orders (that are FINAL)

Question 8

Circuit Courts

Answer 8

20 circuits

General jdx, can hear all kinds of cases

Question 9

$15k threshold

Answer 9

Needed to get into CIRCUIT court. Below, stay in county court

Need MORE than $15k. So $15k and a penny.

Question 10

Can you aggregate claims to meet the $15k requirement?

Answer 10

NOT IF THEY ARE UNRELATED

Question 11

When can you combine claims to confer jdx in the circuit court?

Answer 11

1. if all the claims are RELATED - coming out of the same transaction or occurrence
2. if at least ONE of the actions is over $15, can add other claims
3. A counterclaim over $15k allows a case to go to circuit court

Question 12

Can the parties waive SMJ?

Answer 12

Never

Question 13

When can you challenge SMJ?

Answer 13

Any time. Just like federal.

Question 14

When can the state exercise PJ over the ∆?

Answer 14

TEST:
1. if jdx is authorized by Florida law
AND
2. the Florida law is constitutional

Question 15

Jdx authorized by Florida law:

Answer 15

1. residence or business location

2. long-arm jdx

Question 16

Residence of Business location (for PJ)

∆s will be subject to FL jdx by reason of:

Answer 16

1. residence in FL
2. Consent
3. Corporate incorporate or registration in FL

Question 17

Long-Arm jdx (PJ)

Answer 17

PJ over a NONRESIDENT, if the ∆ has the contacts with the state described in the statute.

Includes Specific jdx and General jdx

Question 18

Specific Jdx
(PJ - long-arm)

Answer 18

Exists when the ∆ establishes contacts with the state AND the lawsuit arises from those contacts

Here, can only have PJ arising from those specific contacts

Question 19

General jdx
(PJ - long-arm)

Answer 19

Arises when the ∆ engages in continuous and systematic business in FL. Has to be HUGE amounts of business, and is pretty rare.

Here, ANY claim, regardless of whether it arose from the ∆’s business in the state.

Question 20

To establish jdx, a party need only plead:

Answer 20

that the ∆ committed the actions set forth in the statute

Question 21

Service of process begins with:

Answer 21

the issuance of a summons by the Clerk

Question 22

Subpoenas are for non-parties

True of false?

Answer 22

TRUE.

Question 23

Who can make service?

Answer 23

1. A sheriff
2. Someone appointed by the court, so long as the person is over 18 (18 and one second old, doesn’t have to be 19), who is not otherwise interested in the lawsuit.

Question 24

Can a π personally serve the ∆?

Answer 24

NOPE. Person has to be UNINTERESTED

Question 25

Methods of service

Answer 25

Personal service
Substituted Service
Constructive service (service by publication)
Service by mail

Question 26

Personal service

Answer 26

Deliver service to the person. The person can be anywhere

Question 27

Substituted service

Answer 27

Where you can’t find the person, so you leave service at:
1. their place of residence or employment,
2. leave it with someone there who is at LEAST 15 yrs old,
AND
3. you tell them what you’re giving them.

You have to try to actually serve the party

Question 28

Constructive service (service by publication)

Answer 28

Can be used when ∆ can’t be found.

Have to make sworn statement that you made a diligent search and inquiry.

Question 29

Service by mail

Answer 29

A party may be served by mail upon their CONSENT.

In their interest to do so - bc will get 60 days to respond to the complaint, instead of 20

Question 30

Timing of service

Answer 30

Must be made within 120 days of filing the complaint.

Court can extend time upon good cause shown

Question 31

Service on Incompetents

Answer 31

When an incompetent is a ∆ in a case, service must be made on their legal guardian, if they have a legal guardian.

Question 32

In FL, may a party make a “special appearance” to challenge PJ?

(an appearance made for a specific purpose, also called a limited appearance)

Answer 32

NOOOO. If you try to make a special appearance to challenge the court’s PJ over you instead of filing a responsive pleading, congratulations, you have just waived PJ.