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JEREMY MARQUISE CARTER, vs ELSIE VIDAL, et al.
Date: 01-08-2020
Case Number: 3D19-1082
Judge: Third District Court of Appeal State of Florida
Court: Third District Court of Appeal State of Florida
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Jeremy Marquise Carter appeals the trial court’s order dismissing his
complaint against Elsie Vidal and Brian Dias. Carter’s complaint alleges breach of
2
a settlement agreement and seeks damages in the sum of $10,000.00. Defendants
Vidal and Dias filed a motion to dismiss, seeking dismissal of the complaint on
several bases, including claim-splitting and improper venue. However, their motion
to dismiss does not specifically allege that the circuit court lacked subject matter
jurisdiction due to the amount in controversy. The circuit court dismissed the
complaint, allowing Carter twenty days to amend, based on the defendants’ motion
to dismiss. The circuit court then denied Carter’s untimely motion for
reconsideration and dismissed the action. Carter’s motion for reconsideration alleged
that the complaint had been inadvertently filed in the circuit court by error of the
clerk’s office, and indeed, the complaint is captioned “IN THE COUNTY COURT
OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, COUNTY CIVIL DIVISION.”
The record below demonstrates the circuit court’s direction to dismiss the
complaint for the reasons stated in Vidal and Dias’ motion to dismiss; i.e., claim
splitting and improper venue. We conclude that the circuit court was without subject
matter jurisdiction to adjudicate these claims.
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Jeremy Marquise Carter appeals the trial court’s order dismissing his
complaint against Elsie Vidal and Brian Dias. Carter’s complaint alleges breach of
2
a settlement agreement and seeks damages in the sum of $10,000.00. Defendants
Vidal and Dias filed a motion to dismiss, seeking dismissal of the complaint on
several bases, including claim-splitting and improper venue. However, their motion
to dismiss does not specifically allege that the circuit court lacked subject matter
jurisdiction due to the amount in controversy. The circuit court dismissed the
complaint, allowing Carter twenty days to amend, based on the defendants’ motion
to dismiss. The circuit court then denied Carter’s untimely motion for
reconsideration and dismissed the action. Carter’s motion for reconsideration alleged
that the complaint had been inadvertently filed in the circuit court by error of the
clerk’s office, and indeed, the complaint is captioned “IN THE COUNTY COURT
OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, COUNTY CIVIL DIVISION.”
The record below demonstrates the circuit court’s direction to dismiss the
complaint for the reasons stated in Vidal and Dias’ motion to dismiss; i.e., claim
splitting and improper venue. We conclude that the circuit court was without subject
matter jurisdiction to adjudicate these claims.
Outcome:
We therefore reverse and remand with instructions to transfer the complaint to the county court for Miami-Dade County.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of JEREMY MARQUISE CARTER, vs ELSIE VIDAL, et al.?
The outcome was: We therefore reverse and remand with instructions to transfer the complaint to the county court for Miami-Dade County.
Which court heard JEREMY MARQUISE CARTER, vs ELSIE VIDAL, et al.?
This case was heard in Third District Court of Appeal State of Florida, FL. The presiding judge was Third District Court of Appeal State of Florida.
When was JEREMY MARQUISE CARTER, vs ELSIE VIDAL, et al. decided?
This case was decided on January 8, 2020.