13 Fla. L. Weekly Supp. 1021b
Insurance — Personal injury protection — Jurisdiction — County court has jurisdiction of equity proceeding where amount in controversy in PIP claim does not exceed $15,000
PRISCILLA JACKSON, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 05-SC-001938. August 7, 2006. John R. Sloop, Judge. Counsel: David S. Dougherty. Kevin B. Weiss, Weiss Legal Group, P.A., Maitland. Ken Hazouri.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
THIS CAUSE, having come before the Court and the Court having reviewed the Defendant’s Motion to Dismiss and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED asfollows:
1. The Defendant’s Motion to Dismiss is DENIED.
2. Even though no dollar amount is sought in an equitable proceeding, the amount in controversy in a PIP claim does not exceed $15,000.00, therefore the county court has jurisdiction. MRI Services, Inc. v. State Farm Mutual Automobile Insurance Company,807 So.2d 783, 786 (Fla. 2nd DCA 2002).
3. “The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed.” F.S. § 86.011. (emphasis added); Progressive Express Insurance Company v. Physical Medicine Group, a/a/o Audra Isaacson,Appeal No. 05-13-AP (Cir. Ct. 18th Jud. Cir., May 11, 2006).
4. County courts have original jurisdiction of all actions at law in which the matter in controversy does not exceed the sum of $15,000, exclusive of interest, costs, and attorneys fees, except those within the exclusive jurisdiction of the circuit courts. F.S. § 34.01(c).
