Concurrent Jurisdiction Multiple Court Authority

What Is Concurrent Jurisdiction?

In the American legal system, multiple courts often have the power to hear the same case simultaneously. This overlap is called concurrent jurisdiction. For Florida real estate disputes, concurrent jurisdiction most commonly arises between Florida state circuit courts and the U.S. District Court for the Middle or Southern District of Florida.

When Does Concurrent Jurisdiction Arise?

Concurrent jurisdiction exists in two primary scenarios:

• Diversity Jurisdiction — When the plaintiff and defendant are citizens of different states, and the amount in controversy exceeds $75,000, both the Florida state court and the federal court can hear the case. A New York investor suing a Florida developer for $500,000 in construction defect damages could file in either court.
• Federal Question with State Claims — When a lawsuit involves both a federal law claim (like a Section 1983 civil rights violation) and related state law claims (like breach of contract), both courts can hear the case. The federal court exercises "supplemental jurisdiction" over the state claims.

Forum Selection and Removal

When concurrent jurisdiction exists, the plaintiff initially chooses the forum. However, the defendant has a powerful tool: removal. Under 28 U.S.C. § 1441, if the plaintiff files in state court, the defendant can "remove" the case to federal court within 30 days if federal jurisdiction exists. This strategic move can significantly affect the outcome because federal courts have different procedural rules, jury pools, and schedules.

Related Terms

• Section 1983 — A federal claim that creates concurrent jurisdiction
• Damages — The amount in controversy that can trigger diversity jurisdiction
• Breach of Contract — A state claim often litigated in federal court via supplemental jurisdiction

Barnes Walker Federal & State Litigation

Barnes Walker's trial attorneys strategically evaluate concurrent jurisdiction options in every Florida real estate dispute, selecting the forum that maximizes our clients' procedural advantages and aggressively opposing removal motions when state court is more favorable. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC