Opinion
No. 74-625.
February 4, 1975.
Appeal from Circuit Court, Dade County; Irwin Christie, Judge.
Beckham McAliley and Charles F. Sansone, Miami, for appellants.
Corlett, Merritt, Killian Mascaro, and Tully Scott, Miami, for appellees.
Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
Appellants' complaint in the circuit court was dismissed "without prejudice to the Plaintiffs' refiling their case in the County Court." This action was improper. See R.C.P. 1.060(a).
Appellants here urge that the circuit judge erred in determining upon the record that the matter in controversy did not exceed the sum of $2,500 exclusive of interest and costs. See Fla. Stat. § 34.01. We find no error upon this point.
Affirmed in part, reversed in part and remanded.