Question 1

What is original jurisdiction?

Accepted Answer

Original jurisdiction is the authority of a court to hear a case for the first time (as opposed to appellate jurisdiction, which is the authority to review a lower court’s decision). In Florida: county courts have original jurisdiction over: civil cases involving amounts up to $50,000, misdemeanor criminal cases, and small claims cases (up to $8,000). Circuit courts have original jurisdiction over: civil cases involving amounts over $50,000, felony criminal cases, family law cases, probate cases, and juvenile cases. The Florida Supreme Court has original jurisdiction over: writs (habeas corpus, mandamus, prohibition, quo warranto), attorney discipline, and advisory opinions to the governor.

Question 2

How is jurisdiction determined in Florida?

Accepted Answer

Determination: subject matter jurisdiction (the type of case: criminal, civil, family, probate), amount in controversy (county court: up to $50,000; circuit court: over $50,000), geographic jurisdiction (venue: the county where the case should be filed), and personal jurisdiction (the court’s authority over the parties). The court must have both subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction cannot be waived (even if the parties agree, the court must dismiss if it lacks jurisdiction), while personal jurisdiction can be waived if the defendant does not object.

Question 3

What happens if a case is filed in the wrong court?

Accepted Answer

Wrong court: if a case is filed in a court that lacks jurisdiction: the defendant can file a motion to dismiss for lack of jurisdiction, the court can transfer the case to the proper court (rather than dismissing), and any orders entered by a court without jurisdiction are void (meaning they have no legal effect). In Florida: the transfer procedure depends on the type of jurisdiction issue: if the amount in controversy is wrong (county vs. circuit), the case is transferred; if the venue is wrong (wrong county), the case is transferred; and if the court lacks subject matter jurisdiction entirely, the case is dismissed.

Original Jurisdiction Court Authority First Instance

Original Jurisdiction in Florida Courts

Florida Court Levels

Jurisdiction Factors

Wrong Court

Related Terms

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