Columbus Mills, Inc. v. Dionne

McNULTY, Chief Judge.

The question we answer this day is whether the circuit court erred in dismissing appellant’s five counterclaims for damages on the ground that such did not meet the $2,500 jurisdictional prerequisite. Sections 26.012(2)(a) and 34.01(1), F.S.1973. We answer in the affirmative and reverse.

Although Rule 1.170(j), R.C.P., requires transfer to the circuit court in the converse situation where the counterclaim exceeds $2,500, no Florida rule nor case law speaks to the case as here where the plaintiff’s original claim exceeds the jurisdictional amount but the counterclaim is…