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Kinco Aviation v. Sowell Air. Serv

District Court of Appeal of Florida, First District
Aug 17, 1998
715 So. 2d 376 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-783

August 17, 1998.

Petition for Writ of Certiorari — Original Jurisdiction.

Anthony E. Fiorentino, Pensacola, for Appellant/Petitioner.

Daniel Harmon III and Timothy J. Sloan, of Harmon Sloan, P.A., Panama City, for Appellee/Respondent.


We quash the trial court's order transferring the cause to the county court. Once a cause has been transferred to the circuit court pursuant to Florida Rules of Civil Procedure 1.060(a) and 1.170(j) because the good faith demand of the counterclaim exceeds the jurisdiction of the county court in which the action was pending, jurisdiction remains in the circuit court regardless of whether some or all of the counts of the counterclaim are thereafter dismissed. See National Juice Corporation v. Gilligan, 63 So.2d 914 (Fla. 1953); Gordon v. Goodrich, 347 So.2d 715 (Fla. 3d DCA 1977); Watt v. Bill Branch Chevrolet, Inc., 292 So.2d 56 (Fla. 2d DCA 1974). See also City of Miami v. Jafra Steel Corporation, 184 So.2d 178 (Fla. 1966); A-One Coin Laundry Equipment Co. v. Waterside Towers Condominium Association, Inc., 561 So.2d 590 (Fla. 3d DCA 1990). We decline to address the remaining issues presented by the petitioner, because they are inappropriate to this certiorari proceeding.

JOANOS and KAHN, JJ., concur.


Summaries of

Kinco Aviation v. Sowell Air. Serv

District Court of Appeal of Florida, First District
Aug 17, 1998
715 So. 2d 376 (Fla. Dist. Ct. App. 1998)
Case details for

Kinco Aviation v. Sowell Air. Serv

Case Details

Full title:KINCO AVIATION, INC., a Georgia Corporation, Appellant/Petitioner, v…

Court:District Court of Appeal of Florida, First District

Date published: Aug 17, 1998

Citations

715 So. 2d 376 (Fla. Dist. Ct. App. 1998)