Alexdex Corp. v. Nachon Enterprises, Inc.

641 So. 2d 858 (1994)

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Alexdex Corp. v. Nachon Enterprises, Inc.

Florida Supreme Court
641 So. 2d 858 (1994)

  • Written by Liz Nakamura, JD

Facts

Nachon Enterprises, Inc. (Nachon) (defendant) filed a notice of lis pendens in county court to establish and foreclose a construction lien against real property owned by Alexdex Corporation (Alexdex) (plaintiff). An action to establish and foreclose a lien is an action in equity. The construction lien amount Nachon sought to foreclose was less than the county court’s statutorily set monetary limit for disputes. In response, Alexdex filed a complaint in circuit court, Florida’s trial court, to discharge the lien. Nachon filed a motion to dismiss Alexdex’s circuit-court action based on the pending county-court action. Alexdex countered, arguing that the circuit court had exclusive jurisdiction over actions in equity. The circuit court discharged the lien because Nachon failed to timely respond to Alexdex’s complaint. Nachon appealed. The appellate court reversed, reinstated the construction lien, and ordered the circuit court to dismiss Alexdex’s circuit-court case, holding that the county court had jurisdiction. Alexdex appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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