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Barrs v. State

Florida Supreme Court, Division B

January 14, 1926

BARRS, Judge
v.
STATE ex rel. JACKSONVILLE REALTY & MORTGAGE CO.

Error to Circuit Court, Duval County; Daniel A. Simmons, Judge.

Prohibition by the State, on the relation of the Jacksonville Realty & Mortgage Company, against Burton Barrs, Judge of the Civil Court of Record in and for Duval County. To review a judgment directing defendant to dismiss a certain case, defendant brings error.

Affirmed.

Syllabus by the Court

SYLLABUS

Civil courts of record held not to have jurisdiction of action involving title or boundaries of real estate (Const. art. 5, §§ 1, 11; Acts 1921, c. 8521). Civil courts of record have not jurisdiction of action involving the title or boundaries of real estate.

On filing pleading or introduction of evidence in civil court of record putting in issue title or boundaries of real estate, court should dismiss cause for want of jurisdiction by order giving the reason (Acts 1915, c. 6904; Acts 1921, c. 8521; Const. art. 5, §§ 1, 11). When any pleading is filed which puts in issue the title or boundaries of real estate, or when any evidence is lawfully introduced which shows that either of such questions is involved, in a cause pending in a civil court of record, it thereupon becomes the duty of the court to enter an order dismissing such cause for want of further jurisdiction setting forth in order the reason appearing for making the same.

Order dismissing case from civil court of record, because it involved title or boundaries of land, properly pleaded, estops denial that such question is involved in case in circuit court on same cause of action. When a case shll have been dismissed from civil court of record on the ground that such case involves the title or boundaries of real estate, such order of court so dismissing such case, when properly pleaded, will estop the defendant from denying that such question is involved in a case brought in the circuit court on the same cause of action.

COUNSEL

Page 249

[91 Fla. 30] William Harwick, of Jacksonville, for plaintiff in error.

Kay, Adams & Ragland, of Jacksonville, for defendant in error.

OPINION

BUFORD, J.

This is a writ of error to the circuit court of Duval county, Fla, to review a judgment thereof in [91 Fla. 31] the proceedings by way of writ of prohibition to the civil court of record of Duval county, Fla., prohibiting the said court from proceeding further in the action therein pending, wherein one William S. Slaton is plaintiff and Jacksonville Realty & Mortgage ...


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