Jurisdiction of the County Court Sample Clauses

Jurisdiction of the County Court. The County Court has jurisdiction to, “consider landlord and tenant cases,” § 34.011(1), Fla. Stat., and exclusive jurisdiction to hear proceedings relating to, “the right of possession of real property and to the forcible or unlawful detention of lands and tenements,” § 34.011(2), Fla. Stat., unless: Amount in controversy exceeds the county court’s jurisdiction; or The Circuit Court has jurisdiction pursuant to § 26.012, Fla. Stat. The county court may issue a temporary and permanent injunction where appropriate for violation of § 83.40, Fla. Stat., et seq., however, the circuit court may issue injunction for possession. Grant v. GHG014, LLC, 65 So.3d 1066 (Fla.4th DCA 2010) held that the trial court did not abuse its discretion by denying putative tenants' motion for temporary injunction for immediate possession of residential apartment, where the threshold question as to the existence of a landlord-tenant relationship was not established by evidence clear and free from reasonable doubt. In cases transferred to the circuit court pursuant to Rule 1.170(j), Fla. R. Civ. Proc., e.g. where T files counterclaim for damages in excess of jurisdictional amount, or Rule 7.100(d), Florida Small Claims Rules, the claims of all parties, including eviction claim, shall be resolved by the circuit court. Herrell v. Seyfarth, Xxxx, Xxxxxxxxxxx & Xxxxxxxxx, 491 So. 2d 1173 (Fla. 1st DCA 1986), CKN Airways, Inc. x. Xxxxxxx County, 441 So. 2d 1103 (Fla. 5th DCA 1983). The tenant’s removal of the case to federal court stays proceedings in the county court until the federal court relinquishes jurisdiction. Typically, the federal court lacks jurisdiction as neither diversity nor a federal question of law is implicated. Mfrevf-Lofts at Sodo LLC x. Xxxxxxx, 2018 WL 4782329 (M.D. Fla. Sept. 4, 2018), report and recommendation adopted, 2018 WL 4775132 (M.D. Fla. Oct. 3, 2018).
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