HomeMy WebLinkAbout2076 ~
~
. i
IN THE CIRCUIT COURT OF T~iE ~
316'~'24 NINETEENTH JUDICIAL CIRCUIT :
IN AND FOR ST. LUCIB COUNTY,
FLORIDA
APPELLATE DIVISION
. CASS NO. 75-327 CA j
~
RONALD RATHAY and s
JAMES RATHAY,
~
!
Appellants,
vs. ~
. f
t
,
BURNUP & SIMS, INC.,
- k
Appellee. - +
/ ~
;
~
~
OPINION ON APPEAL ~
~
,
A complaint was originally filed in the County •f
~
Court by BURNUP & SIMS, INC, against RONALD RATHAY and JAN~S ~
~
RATHAY for property damages. This claim arose out of an auto-
mobile accident in which James Rathay was the operator and ~
Ronald Rathay was the owner of a motor vehicle involved in an
accident. A Third Party Complaint was filed by James Rathay
against AETI~ CASUALTY & SURETY COMPANY. The amended Third ~
~
Party Complaint was dismissed by the County Judge by order ~
?
j dated February 27, 1975. This order of dismissal is the subject .
~
~ of this appeal.
f
~
~ Both Appellant and Appellee in their briefs have
~ argued the merits of the appeal, however an examination of the
~
court file reveals a lack of jurisdiction over the subject
matter by the County Court. The amended Third Party Complaint
~ asks for a declaratory judgment or alternatively, reformation of _ ~
~ -
= an insu~ance policy. These matters are within the exclusive juris-
€
; diction of the Circuit Court. The jurisdiction of the County
~
3
5 Court is established by Article 5, Section 6(b), of the Florida
s
~ Constitution and F.S. §34.01.
~
~
~
€
~
~ saoK~43 PA~Fzo~s
~
~
~
: ; ;~,.r 3.:.. .r~~.. , _ _ _ _ _ _ _ _ _ _