Florida Statute 26.56 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 26
CIRCUIT COURTS

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F.S. 26.56

26.56 Residual jurisdiction for abolished courts.—

(1) If any court is abolished and a proceeding had in it is not transferred to another court, the circuit court for the county where the court formerly existed shall have jurisdiction over any further proceedings in the same manner as though the proceeding had been originally pending in the circuit court.

(2) Additional proceedings in the circuit court shall be commenced by filing the appropriate motion, pleading, or paper that would have been filed in the abolished court. The circuit court may require the custodian of the records of the abolished court to make the records of any proceedings available to the circuit court. The clerk of the circuit court shall charge no additional filing fee for proceedings under this section.

(3) This section shall apply to all courts that have heretofore been abolished and to all courts that may hereafter be abolished under the circumstances prescribed in this section.

History.—s. 1, ch. 71-7.

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Amendments to 26.56

Arrestable Offenses / Crimes under Fla. Stat. 26.56

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 26.56.

Annotations, Discussions, Cases:

Cases Citing Statute 26.56

Total Results: 5

Carlini v. STATE, DEPT. OF LEGAL AFFAIRS

Court: District Court of Appeal of Florida | Date Filed: 1988-03-02

Citation: 521 So. 2d 254, 13 Fla. L. Weekly 624, 1988 Fla. App. LEXIS 750, 1988 WL 16009

Snippet: (1967). (footnote omitted). Moore, in paragraph 26.56[6], provides a reason for not placing the burden

F. Hoffmann LaRoche & Co. v. Felix

Court: District Court of Appeal of Florida | Date Filed: 1987-08-18

Citation: 512 So. 2d 997, 12 Fla. L. Weekly 2037

Snippet: Lucas & G. Grotheer, Moore's Federal Practice § 26.56[6] n. 2 (1986); Note, The Use Of Discovery To Obtain

O'GRADY v. Wickman

Court: District Court of Appeal of Florida | Date Filed: 1968-06-27

Citation: 213 So. 2d 321

Snippet: 74; Bolles v. Kinton, 1928, 83 Colo. 147, 263 P. 26, 56 A.L.R. 814; Manley v. Coleman, 1924, 19 Ohio App

Lerner v. Lerner

Court: District Court of Appeal of Florida | Date Filed: 1959-06-12

Citation: 113 So. 2d 212

Snippet: Occupation ____________ Dated 6/26/56 Introduced by _________ [*]

Bradshaw v. Miami Retreat Foundation

Court: Supreme Court of Florida | Date Filed: 1944-10-31

Citation: 19 So. 2d 574, 155 Fla. 76, 1944 Fla. LEXIS 472

Snippet: valid. Bryan v. Ker, 222 U.S. 107, 32 Sup. Ct. 26, 56 L.Ed. 114, or he may adopt it as his own after