DREW C. HARTLEY, v. TIFFT, ROMINE, FENNIMORE, MIXON, BLUE, AND JOHN DOES

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DREW C. HARTLEY, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-1814 TIFFT, ROMINE, FENNIMORE, MIXON, BLUE, AND JOHN DOES, Appellees. ___________________________/ Opinion filed April 17, 2012. An appeal from an order of the Circuit Court for Santa Rosa County. Thomas R. Santurri, Judge. Drew C. Hartley, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for Appellees. PER CURIAM. Finding appellees motion for remand and notice of concession of error to be well-taken, the order dismissing the complaint without prejudice is quashed and the cause is remanded with instructions to allow appellant leave to amend his complaint. If appellant fails to sufficiently allege an amount in controversy to meet the jurisdictional requirements of the circuit court, the complaint should be transferred to the county court. See Spradley v. Doe, 612 So. 2d 722 (Fla. 1st DCA 1993) (holding that an order dismissing a complaint for lack of subject matter jurisdiction to be error and remanding the case for transfer to the county court). BENTON, C.J., ROWE and MAKAR, JJ., CONCUR. 2

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