JACKQULYN YOUNG, as PersonalRepresentative of the Estate ofDoris Wright Shaw,
Appellee.
On appeal from the County Court for Marion County.Leann Mackey-Barnes, Judge.
William Vincent Vernon, III, Silver Springs, pro se.
No Appearance for Appellee.
November 14, 2025
PER CURIAM.
Young sued Vernon for unlawful detainer. Vernon maintainedthat he is the rightful owner of the house in question thanks to awill codicil, which he accused Young of concealing. He argued thatthe county court lacked jurisdiction to decide this case sinceownership of the house was still in dispute in the probate court.Ultimately, the county court entered judgment for Young andissued a writ of possession.
Original opinion page 2
2As he did below, Vernon argues that the county court had nojurisdiction to hear this case. Our review is de novo. See Estevill v.Estevill, 399 So. 3d 1167, 1170 (Fla. 3d DCA 2024). Unless alteredby the amount in controversy, county courts have exclusivejurisdiction over unlawful detainer actions. See § 34.011(2), Fla.Stat. (2025). But if the defendant asserts an equitable interest inthe property, “the matter sounds in ejectment, not unlawfuldetainer.” Babcock v. Golden Acres S., LLC, 361 So. 3d 406, 407(Fla. 5th DCA 2023). In other words, ejectment becomes the propercause of action. See id. at 408. And circuit courts have exclusivejurisdiction over actions of ejectment. § 26.012(2)(f), Fla. Stat.; seealso Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d1244, 1250 (Fla. 2008) (holding that “county courts lack subject-matter jurisdiction to entertain ejectment actions”).Here, after Vernon “asserted an equitable interest in theproperty, ejectment became the proper cause of action because thetrial court had to consider [his] equitable claims.” See Babcock, 361So. 3d at 408. Therefore, the county court lacked subject matterjurisdiction to rule on this matter, and its judgment is void. SeeEstevill, 399 So. 3d at 1172; Babcock, 361 So. 3d at 408; Thompsonv. Thompson, 342 So. 3d 818, 821 (Fla. 3d DCA 2022); see generallyState Farm Fla. Ins. Co. v. RoofPros Storm Div., Inc., 346 So. 3d163, 165 (Fla. 5th DCA 2022) (“A lack of subject-matter jurisdictionrenders a judgment void.”). Accordingly, we reverse and remandwith instructions to transfer this case to the circuit court.REVERSED and REMANDED with instructions.JAY, C.J., and EDWARDS and MACIVER, JJ., concur._____________________________Not final until disposition of any timely andauthorized motion under Fla. R. App. P. 9.330 or9.331._____________________________
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