Page 108 - Akerman | 2016 Guide to Doing Business in Florida

decisions regarding injunctions and receiverships, certain admiralty decisions, and decisions certified by
a trial court as being ones involving a controlling question of law as to which an appellate ruling would
“materially advance the ultimate termination of the litigation.” The Eleventh Circuit is the final appellate
court for almost every case; only in rare cases would an issue be addressed by the United States
Supreme Court. The Supreme Court chooses the cases it takes, with a vote of four Justices having to
agree that an issue is worthy of consideration. Fewer than one percent of applications to the Supreme
Court to take a case are granted.
11.2 State Court System

11.2.1 Trial Courts

Florida has a two-tiered trial court system composed of circuit courts and county courts.
(a) Circuit Courts. The circuit courts are sometimes referred to as courts of
general jurisdiction in recognition of the fact that most criminal and civil cases
originate at this level. These courts handle all trial matters except those below
a monetary jurisdictional threshold.

(i) Organization. The Florida Constitution provides that a circuit court
shall be established to serve each judicial circuit established by the
Legislature, of which there are twenty. Within each circuit, there may
be any number of judges, depending upon the population and
caseload of the particular area. In more populated areas, a circuit
may encompass just one county; in less populated areas, a circuit
may encompass as many as seven counties.

Circuit court judges are elected by the voters of the circuits in
nonpartisan, contested elections. Circuit court judges serve for six-
year terms.

A chief judge is chosen from among the circuit judges and county
judges in each judicial circuit to carry out administrative
responsibilities for all trial courts (both circuit and county courts) within
the circuit.

(ii) Jurisdiction. Circuit courts have general trial jurisdiction over matters
not assigned by statute to the county courts. Circuit courts also hear
appeals from county court cases, except for county court orders or
judgments declaring invalid a state statute or a provision of the
Florida Constitution and orders or judgments of a county certified to
the district court of appeal as being of great public importance and
accepted for review. Thus, circuit courts are simultaneously the
highest trial courts and the lowest appellate courts in Florida’s judicial
system.
The trial jurisdiction of circuit courts includes, among other matters,
original jurisdiction over civil disputes involving more than $15,000;
controversies involving the estates of decedents, minors, and
persons adjudicated as incapacitated; cases relating to juveniles;
criminal prosecutions for all felonies; tax disputes; actions to

106