Jafra Steel Corp. v. City of Miami

CARROLL, Judge.

In this action, brought in the civil court of record in Dade County, the City of Miami sought recovery of unpaid taxes in the amount of $1,473.63. One of the defendants, The Dixie Dredge Corporation filed a counterclaim seeking damages in excess of $5,000, which was above the jurisdictional limitation of that court which § 33.02, Fla.Stat, F.S.A., provides shall “not exceed, exclusive of interest and cost, the sum or value of five thousand dollars.”

The plaintiff moved to strike the counterclaim for sham. The court entertained the motion and took testimony thereon as…