E. J. SALES & SERVICE, INC., A FLORIDA CORPORATION, APPELLANT,
v.
SOUTHEAST FIRST NATIONAL BANK OF MIAMI, AN ASSOCIATION ORGANIZED UNDER THE LAWS OF THE UNITED STATES, APPELLEE
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E. J. Sales & Service, Inc. appeals an order denying its motion to transfer venue from Dade County to Orange County in a lawsuit by Southeast First National Bank to recover funds mistakenly wired to E. J. Sales' account. The court reverses, holding that venue must lie in Orange County where the cause of action accrued, namely where E. J. Sales acquired the disputed funds.
Venue is improper in Dade County and must be transferred to Orange County because the cause of action accrued in Orange County, where E. J. Sales acquired the disputed funds. Under Florida law, a cause of action accrues where the act creating the right to bring the action occurred—here, the defendant's acquisition of the funds.
[1] A cause of action accrues where the act creating the right to bring an action occurred.
[2] For venue purposes, a cause of action for money had and received or conversion accrues where the defendant acquired the funds at issue.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Since E. J. Sales' place of business is in Orange County, and it has no office whatever here, venue may properly be laid in Dade County under Sec. 47.051, Fla.Stat. (1979) only if this is 'where the cause of action accrued.' The contrary is true.”
Establishes the legal standard for venue and indicates the trial court erred in allowing venue in Dade County.
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Join FLexlaw to unlock all legal intelligenceSoutheast First National Bank mistakenly wired funds to an E. J. Sales account in Orange County at a customer's request, which was later revoked. The …
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SCHWARTZ, Judge.
Alleging that E. J. Sales & Service, Inc., a Florida corporation, had taken possession of a sum of money which, at the later-revoked request of a customer of the bank, had been mistakenly wired by Southeast First National Bank of Miami to an E. J. Sales account in Orlando, the bank sued E. J. Sales in the Dade County Circuit Court. Its two-count complaint to recover that amount was based on the alternative theories of money had and received and conversion, respectively. E. J. Sales now appeals1 from an order denying its motion to transfer venue to Orange County. We reverse.
Since E. J. Sales’ place of business is in Orange County, and it has no office whatever here, venue may properly be laid in Dade County under Sec. 47.051, Fla.Stat. (1979)2 only if this is “where the cause of action accrued.” The contrary is true. Under this provision, a cause of action is deemed to accrue “where the act creating the right to bring an action occurred.” Gaboury v. Flagler Hospital, Inc., 318 So. 2d 642, 644 (Fla. 4th DCA 1975); see, Windsor v. Migliaccio, 399 So. 2d 65 (Fla. 5th DCA 1981). Whether the theory asserted is that E. J. Sales had and received, see 7 C.J.S. Assumpsit, Action of, § 10 b (1980), or tor-tiously converted, Gaboury v. Flagler Hospital, Inc., supra; Merrill Lynch, Pierce, Fenner & Smith, Inc. v. National Bank of Melbourne and Trust Co., 238 So. 2d 665 (Fla. 4th DCA 1970), funds rightfully belonging to Southeast, it is clear that the act which gave the bank the right to get the money back was its acquisition by the defendant. See also, St. Laurent v. Resort Marketing Associates, Inc., 399 So. 2d 362 (Fla. 2d DCA 1981); American International Food Corp. v. Lesko, 358 So. 2d 250 (Fla. 4th DCA 1978). Since that took place in Orange County, that is where the claim “accrued” and where this action must therefore be maintained.
The bank relies on cases which hold that an action for breach of an agreement to make payment accrues where payment is due, that is, in the absence of a contrary provision, in the county where the payee resides. E.g., Engineered Storage Systems, Inc. v. National Partitions & Interiors, Inc., 415 So. 2d 114 (Fla. 3d DCA Case no. 82—489, opinion filed, June 15, 1982) and cases cited; American Fidelity Fire Ins. Co. v. Allied General Contractors, Inc., 365 So. 2d 442 (Fla. 3d DCA 1978). These authorities have no application to this situation in which the parties had no contractual relationship with each other at all and the defendant is alleged only to have failed to perform an implied duty to return funds to which it was allegedly not entitled. See American International Food Corp. v. Lesko, supra.
For these reasons, the order below is reversed with directions that the cause be transferred to Orange County.
Reversed.
. Pursuant to Fla.R.App.P. 9.130(a)(3)(A).
. Notwithstanding the trial judge’s misplaced reliance on Sec. 47.101, Fla.Stat. (1979), Section 47.051 alone controls the issues in this case. It provides:
Actions against corporations. — Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located. Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located, [e.s.]
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Citator
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Tucker v. Chantal Fianson, 484 So. 2d 1370 (Fla. 3d DCA 1986)…ty damage cases; it applies equally to those which involve economic or intangible losses alone. E.g., Soowal v. Harden, 452 So. 2d 625 (Fla. 3d DCA 1984) (trademark infringement); E.J. Sales & Service, Inc. v. Southeast First National Bank of Miami, 415 So. 2d 906 (Fla. 3d DCA 1982) (conversion); see also Firstamerica Development Corp. v. Daytona Beach News-Journal Corp., 196 So. 2d 97 (Fla.1966) (libel action accrues under prior venue statute in each county newspaper circulates, even though it is published e…1 / 2
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Envases Venezolanos, S.A. v. Collazo, 559 So. 2d 651 (Fla. 3d DCA 1990)…he last event necessary to make the defendant liable for the tort took place.” Tucker v. Fianson, 484 So. 2d 1370, 1371 (Fla. 3d DCA 1986), review denied, 494 So. 2d 1153 (1986); see E.J. Sales & Service, Inc. v. Southeast First Nat’l Bank of Miami, 415 So. 2d 906 (Fla. 3d DCA 1982). As to the tort of conversion, that act constitutes the exercise of wrongful dominion and control over the property to the detriment of the rights of its actual owner. See Star Fruit Co. v. Eagle Lake Growers, 160 Fla. 130, 33 So.…
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Soowal v. Marden, 452 So. 2d 625 (Fla. 3d DCA 1984)…or v. Migliaccio, supra, 399 So. 2d at 66. For venue purposes in a tort action, a cause of action is deemed to accrue where the act creating the right to bring an action occurred. E.J. Sales & Service, Inc. v. Southeast First National Bank of Miami, 415 So. 2d 906 (Fla. 3d DCA 1982); Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla. 4th DCA 1975). Appellants assert that the cause of action, if any, accrued in Broward County where the alleged prohibited use of the trademark took place. Appellees argue t…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Merrill Lynch v. Nat'l Bank OF Melbourne & Tr. Co., 238 So. 2d 665 (Fla. 4th DCA 1970)
- Windsor v. Crescent A. Migliaccio, 399 So. 2d 65 (Fla. 5th DCA 1981)
- Engineered Storage Sys., Inc. v. Nat'l Partitions & Interiors, Inc., 415 So. 2d 114 (Fla. 3d DCA 1982)
- Am. Fid. Fire Ins. Co. v. Allied Gen. Contractors, Inc., 365 So. 2d 442 (Fla. 3d DCA 1978)
- ST. Laurent v. Resort Mktg. Assocs., Inc., 399 So. 2d 362 (Fla. 2d DCA 1981)
- State v. McCORMICK, 358 So. 2d 250 (Fla. 4th DCA 1978)
- Am. Int'l Food Corp. v. Lesko, 358 So. 2d 250 (Fla. 4th DCA 1978)