Fischetti v. Pincus

PEARSON, Judge.

The appellants were defendants in the civil court of record to an action of unlawful detainer. The point presented on this appeal is whether the trial court erred in denying defendants’ motion to dismiss the cause for lack of jurisdiction over the subject matter. We hold that the trial court improperly denied the motion and reverse the judgment.

Appellants' motion to dismiss presented pursuant to Rule 1.140(b), Florida Rules of Civil Procedure, 30 F.S.A., set forth that the right to possession which was sought in the unlawful detainer action in the civil court of record was an…