Florida  |  Civil Litigation

Legal Question

Asked on: 7/23/13, 5:58 am

A case was ordered transferred from the State Circuit Court to the County Court because the dollar amount in jeopardy was ruled to be only $100 (as a matter of law, not fact) rather than the $15K that Circuit Court requires. The Plaintiff failed to pay the transfer fee to County Court, which caused the case to be dismissed without prejudice. Now the Plaintiff claims that since the case was dismissed for a procedural reason without prejudice, that the order determining damages were up to $100 does not survive dismissal and they can refile the same lawsuit in the Circuit Court all over again, hoping for a more favorable judge. Is this true? If they're wrong, how can I prove it?

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

125 Answers given in the last few hours.

8663 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search