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Article: Florida's third species of jurisdiction.
- Article from:
- Florida Bar Journal
- Article date:
- March 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The most common (1) use of the word "jurisdiction" in Florida practice is curiously lacking in definition. Trial courts "lack jurisdiction" until proper pleadings are filed. (2) They exceed "jurisdictional" limits if they order relief outside the scope of the pleadings. (3) They lose ("are divested of ") jurisdiction if a voluntary dismissal is taken or when a judgment is entered, unless "jurisdiction" is specifically reserved. (4) These notions of "jurisdiction" depend on a case's procedural posture, and thus cannot be subject matter jurisdiction (SMJ) or jurisdiction in personam. Subject matter jurisdiction is the power allocated to a court by constitution or statute, ...