State ex rel. Tischler v. Philips

Citations

• 64 Fla. 105

Syllabus

<p>Forcible Entry and Unlawful Detainer — Disputed Boundary' Cannot Be Settled By — Jurisdiction of County Judge Where County Court Established.</p> <p>1. When under the provisions of Section 18 of Art. Y of the Florida Constitution a County Court is established in any county the jurisdiction of the County Judge as such is at once suspended in all those cases jurisdiction over which is placed in said County Court by said Section 18, and remains so suspended so long as the Legislature shall see proper to continue such County Court in existence in such County.</p> <p>2. Said Section 18 of Art. V simply provides for a bigger court and places the County Judge over it to preside, and all of his jurisdiction formerly exercised by him as County Judge in the lesser tribunal that is expressly given by said Section 18 to the County Court when established is at once merged in him as the presiding Judge of such greater tribunal, and so long as such County Court exists, be cannot, as County Judge, exercise any jurisdiction that is expressly given to such County Court by said section 18 of Article V.</p> <p>3. Where boundaries to real estate are essentially involved in a dispute between parties the same cannot be settled in an action of unlawful detainer either in the County Judge’s Court, or in a County Court, since under the provisions of section 11 of Art. V of our constitution our Circuit Courts are clothed with exclusive original jurisdiction of all actions involving the boundaries of real estate.</p>