Florida Civ Pro Questions & Answers(graded A+)

Circuit Court Jurisdiction - ANSWER1. Probate, estate, guardianship 2. Juveniles (except traffic offenses) 3. Titles or boundaries to RP 4. Ejectment (not LL evicting T) 5. Lawsuits and equity suits OVER $30,000 County Court Jurisdiction - ANSWER1) lawsuits and equity suits UP TO $30,000 2) HOA disputes 3) Evictions -- if more than $30,000 can go to county or circuit court. Venue for Transitory Actions - ANSWERD is FL Resident: 1) county where ANY D lives 2) where COA accrued 3) where property in suit is located D is not a FL resident: any county FL Corporation: where it has an office to contract customary business When can you transfer venue? - ANSWER1. Venue was improper -- P must pay transfer costs or else DWOP 2. Venue was proper, but: a) party won't receive a fair trial there; b) convenience for parties or witness in the interest of justice-- moving party must pay What do you need to show to transfer venue for unfairness? - ANSWER1) opponent has undue influence in the county 2) movant is so odious he cant get a fair jury 3) impracticable to get a fair jury (e.g, pretrial publicity) factors 1 and 2 need a verified petition with affidavits from 2 ppl unrelated to the party or lawyer Who can serve process? - ANSWER1) sheriff 2) elisor? 3) a disinterested nonparty 18 or older Proof of service - ANSWERProof of service form is prima facie evidence of service. if service made by civilian, affidavit required. Failure to file proof is IRRELEVANT to whether service was valid!!! Nail and Mail - ANSWERNail and mail is only acceptable in dispossessory actions by LL against T (like eviction?); Clerk will post it on the premises. Appropriate when there was a failure twice at least 6hours apart to make personal or substituted service of process. L