Henry's Drive-In, Inc. v. Ideal Rock Products Co.

The appellant, defendant below, appeals from a final judgment entered by the civil court of record in favor of the appellee, Ideal Rock Products Co., in the total amount of $6,252.70. Included therein is an item for attorney’s fees in the amount of $1,500.-00.

It is apparent from the final judgment, here under review, that the court lacked jurisdiction to enter a judgment in excess of $5,000.00. § 33.14, Fla.Stat., 1959, F.S.A. Although the jurisdictional defect was not called to the attention of this court by the appellant, this defect being fundamental in nature it may be raised sua sponte…