The Florida civil court system can be bewildering for those who are not familiar with it. There are small claims courts, county courts, circuit courts, appellate courts and the Florida Supreme Court all of which try civil cases and hear appeals for a wide variety of matters. Individuals in Florida who are considering legal action, will first have to first identify the value of the civil action. Based on the value of the damages under consideration, the potential lawsuit will be required to be filed as a case with a different court. The location of the property or the location where the cause of action occurred is also important and will determine which county or legal judicial district could be used to file the case.

However, lawsuits are costly and time-consuming and are generally seen as a method of last resort in solving a civil dispute. Alternative methods to lawsuits such as negotiation, mediation, or arbitration incur less cost, create reputational damage, and take up less time than suing a business or individual in court. Therefore, before a potential plaintiff considers filing a lawsuit with a court, it is recommended that they first try to communicate to the other party exactly what is in dispute. It is a good idea to send a letter, which clearly states the complaint. The parties may be able to resolve the problem without going to court at all.

Small Claims Court

Small claims courts handle matters where the damages for which the plaintiff is suing do not exceed $8,000. This amount refers to the total damages being sued for and does not include courts fees, interest and attorneys’ fees. Parties in small claims court do not typically bring legal counsel, though many consult with an attorney prior to attending court. Cases can be filed without an attorney with the county clerk’s office as a small claims action, as per Rule 7.010 of the Florida Rules of Court and Chapter 34 of the Florida Statutes.

Typically, the deputy clerk in most counties will be available to assist plaintiffs with the filing of a small claims suit. An attorney can always be consulted to assist either party.

“…lawsuits are costly and time-consuming and are generally seen as a method of last resort in solving a civil dispute.”

County Court

County court cases are governed by the rules of civil procedure and are typically a venue in which parties arrive with legal representation. In these cases, the amount of damages exceeds $8,000 but is not more than $50,000. Tenant evictions of any size of damages up to and including $50,000 are also heard in county court.

Circuit Court

Circuit courts are the next level above county courts and are the venue which handles cases where the amount of money exceeds $50,001. Circuit courts handle:

Large or Complex Eviction Cases

All eviction cases where damages claimed exceed $50,001

Actions of Ejectment

An ejectment action is a civil lawsuit in Florida that seeks to regain possession of property that someone has been living in without a lease or title interest. The plaintiff must establish that they are the rightful owner of the property and that the defendant is in wrongful possession. The plaintiff must also prove how they acquired ownership of the property, which is called the “chain of title”. The defendant has 20 days to file an answer after the complaint is filed. If the defendant doesn’t file an answer, the plaintiff can move for default. The court will then enter a default and issue a final judgment that orders the person to leave the premises. If the person doesn’t leave, the court will issue a writ of possession to the sheriff, who will then remove the person from the property

Matters related to title and boundaries of real property 

Replevin Injunctions

Replevin is a legal term that means “repossession” or “taking again”. It’s a summary proceeding that allows a plaintiff to take possession of property before a judgment. Replevin can be used to recover property that has been wrongfully taken, such as a car or a boat. It can also be used if someone has wrongfully repossessed something you are leasing.

Negligence 

In civil law, negligence is the failure to exercise reasonable care that results in damage or injury to another person or party. It’s the most common type of civil personal injury lawsuit and is generally considered unintentional behavior.

Professional Malpractice

Professional malpractice happens when a professional fails to act in accordance with professional standards or fails to foresee consequences that they should have. Malpractice can be caused by negligence, ignorance, or intentional wrongdoing.

Products Liability 

Product liability is the legal responsibility of manufacturers, distributors, suppliers, retailers, and others to compensate buyers, users, and bystanders for damages or injuries caused by defects in goods purchased. Product liability claims can be based on negligence, strict liability, or breach of warranty of fitness.

Mortgage Foreclosures 

Mortgage foreclosures occur when a borrower defaults on their mortgage loan, prompting the lender to seek legal action to regain possession of the property.

Eminent Domain 

Eminent domain is the government’s power to take private property and convert it into public use. The Fifth Amendment of the United States Constitution requires the government to provide just compensation to the property owners if they take private property for public use.

Bond Estreatures 

In Florida law, a bond estreature is a court order that requires a defendant to forfeit their bail bond to the county. It is used in minor criminal cases, such as ordinance violations and minor misdemeanors, and in traffic cases where the defendant does not appear in court, and the money or property deposited to secure release on bail is not returned to the defendant.

Writs 

In legal terms, a writ is a formal, written order that instructs a person or entity to perform or stop performing a specific action. Writs are drafted by courts or other entities with legal or jurisdictional power.

Foreign Judgments

In Florida law, a foreign judgment is a judgment, decree, or order from another state, territory, commonwealth, or the United States. The Florida Enforcement of Foreign Judgments Act allows holders of uncollected foreign judgments to domesticate the judgment in Florida without filing suit or paying a filing fee. The judgment is then subject to Florida’s statute of limitations for enforcement, which is typically 20 years, but can vary depending on the type of judgment and any renewals.

South Florida Law

At South Florida Law, we have years of experience handling complex personal injury and other civil litigation matters. We have the resources to help you face the challenges of the legal system and achieve the results you need.

We counsel on all commercial dispute resolution mechanisms including mediation, arbitration and courtroom litigation. When it comes to personal injury cases in which victims often face well-funded insurance companies, we believe in achieving justice for the victims of accidents regardless of their financial resources. As such, when we agree to bring on your personal injury case, we do so on a contingency fee basis. That means you don’t pay us a dime unless we win your case. Contact us today to get started by reaching out to us via our contact form or by calling (954) 900-8885.