UNITED V. MIAMI-DADE MRI, ET AL.
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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed March 9, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-848 Consolidated: 3D09-3102 Lower Tribunal No. 09-25070 ________________ United Automobile Insurance Company, a Florida corporation, Appellant, vs. Miami Dade County MRI Corp., Health Diagnostic of Miami, LLC., d/b/a Stand Up MRI of Miami Hallandale Open MRI, LLC., and Open MRI of Miami Dade, Appellees. Appeals from the Circuit Court for Miami-Dade County, John Schlesinger, Judge. Michael J. Neimand, for appellant. Buchalter, Hoffman & Dorchak, and Kenneth Dorchak, for appellees. Before WELLS, SALTER and EMAS, JJ. WELLS, Judge. Affirmed. § 86.011, Fla. Stat. (2010) ( The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights . . . . ); United Auto. Ins. Co. v. Kendall S. Med. Ctr., 36 Fla. L. Weekly D142 (Fla. 3d DCA Jan. 19, 2011) ( [T]he Miami-Dade Circuit Court has jurisdiction of a declaratory action only if the amount in controversy exceeds $15,000 and only the county court has jurisdiction of any amount in controversy less than $15,000. ); Canonico v. Devine, 130 So. 2d 319, 321 (Fla. 3d DCA 1961) ( Separate and unrelated demands cannot be joined to give jurisdiction to a court which does not have jurisdiction of any one of the claims because each is below the amount required to give jurisdiction to the court. ); see also § 627.428, Fla. Stat. (2010) ( Upon the rendition of a judgment or decree . . . against an insurer and in favor of any named or omnibus insured . . . the trial court . . . shall adjudge . . . in favor of the insured . . . a reasonable sum as fees. ); Dawson v. Aetna Cas. & Sur. Co., 233 So. 2d 860, 861 (Fla. 3d DCA 1970) (insured entitled to a fee award upon dismissal of an action brought by insurer even though the same issue was then pending in an administrative proceeding). 2
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