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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Related to Jurisdiction of the County Court

  • Continuing Jurisdiction of the Court The Parties agree that, after entry of Judgment, the Court will retain jurisdiction over the Parties, Action, and the Settlement solely for purposes of (i) enforcing this Agreement and/or Judgment, (ii) addressing settlement administration matters, and (iii) addressing such post-Judgment matters as are permitted by law.

  • Jurisdiction of Courts Québec hereby appoints the person from time to time who holds the position of Delegate General of Québec in New York, Xxx Xxxxxxxxxxx Xxxxx, 00xx xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, as its authorized agent (the “Authorized Agent”) upon whom process may be served in any action by any Underwriter, or by any person controlling such Underwriter, and based upon this Agreement which may be instituted in any State or Federal court in The City of New York, and expressly accepts the non-exclusive jurisdiction of any such court in respect of such action. Québec hereby irrevocably waives any immunity to service of process in respect of any such action to which the Authorized Agent might otherwise be entitled. Such appointment shall be irrevocable as long as any of the Securities remain outstanding, except that, if for any reason the Authorized Agent ceases to be able to act as agent or no longer has an address in The City of New York, Québec will appoint another person or persons in The City of New York, selected in its discretion, as Authorized Agent(s). Québec will take any and all action, including the filing of any and all documents and instruments that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent together with written notice of such service mailed or delivered to Québec at its address set forth in Section 11, shall be deemed in every respect effective service of process upon Québec. Notwithstanding the foregoing, any action by an Underwriter, or by any person controlling such Underwriter, and based upon this Agreement may be instituted in any competent court in Québec. Québec hereby waives, to the fullest extent permitted by applicable law, any immunity to jurisdiction to which it might otherwise be entitled in any action based on this Agreement which may be instituted as provided in this Section in any State or Federal court in The City of New York or in any competent court in Québec.

  • JURISDICTION & VENUE In the event that any action is brought to enforce any provision of this Master Contract, the parties agree to exclusive jurisdiction in Xxxxxxxx County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington.

  • Arbitrator's Jurisdiction The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the provision(s) of this Agreement at issue between the Union and the Administration. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Administration and the Union. The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved employee, the Union and the Administration, unless either party contests it before a court of competent jurisdiction as permitted by state law.

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  • Jurisdiction of the Arbitrator The arbitrator shall have no power to alter, add to, subtract from the terms of this Agreement. The arbitrator's decision will be based upon the specific provisions of this Agreement. This arbitration provision shall be for grievances only.

  • Jurisdiction and Venue This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Marin County, California.

  • REGULATORY JURISDICTION Subject to Section 19.01, nothing in this Agreement shall restrict the rights of the Parties to file a complaint with or submit any action to the Commission or any other appropriate regulatory authority under relevant provisions of the Federal Power Act or other relevant statutory provisions, nor shall anything in this Agreement affect the jurisdiction of the Commission or any other regulatory authority over matters arising under this Agreement.

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  • Court of Jurisdiction Both DBS and the Member agree that the Tokyo District Court will be the exclusive court of jurisdiction in the first instance in any dispute and/ or legal action relating to the rights and obligations under this Agreement or an Individual Contract. Attachment 1 Contact Information

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