Austin Garrett Voss v. Elizabeth C. Voss

Summary

The Florida Second District Court of Appeal held that a possession dispute sounded in ejectment because the occupant sufficiently alleged an equitable interest in the property through payments toward the down payment and mortgage. Because ejectment actions fall within the exclusive subject matter jurisdiction of the circuit court, the court reversed the county court's final judgment of possession and remanded with instructions to transfer the case to the circuit court.

Holdings

1. Allegations that Austin made the down payment and paid all mortgage payments pursuant to an agreement concerning future ownership were sufficient to assert an equitable interest in the property, even though he did not use the words "equitable interest."
2. When a party asserts an equitable interest in the property at issue, the matter sounds in ejectment rather than unlawful detainer.
3. The county court lacked subject matter jurisdiction because the action sounded in ejectment, and ejectment actions fall within the exclusive jurisdiction of the circuit courts.
4. The county court erred by denying the motion to dismiss and ruling on the merits, and its final judgment of possession was void.

Questions Presented

1. Whether Austin's allegations that he paid the property's down payment and mortgage payments sufficiently asserted an equitable interest in the property.
2. Whether an action in which the occupant asserts an equitable interest in the property sounds in ejectment rather than unlawful detainer.
3. Whether the county court had subject matter jurisdiction over the action.
4. Whether the county court's judgment was void because it lacked subject matter jurisdiction.

Disposition

reversed_and_remanded