VITAL INDUSTRIES, INC., APPELLANT,
v.
RONALD H. BURCH, APPELLEE
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The court held that a cause of action for breach of contract accrues where the defendant fails to perform, and venue was improper in Palm Beach County.
Appellee sued for breach of an employment contract. The offer was mailed to appellee in Palm Beach County, but acceptance and alleged breach occurred …
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PER CURIAM.
Vital Industries, Inc., defendant below, appeals from a non-final order which dismissed (with leave to amend) appellee’s complaint for failure to state a cause of action but denied that portion of the motion to dismiss based upon improper venue. The court apparently thereby determined that venue was properly laid in Palm Beach County.
The cause of action was based on an alleged breach of a contract of employment. From the scant pleadings before us it appears that only two contacts exist between the cause of action and Palm Beach County. The offer of employment was mailed from Alachua County to appellee in Palm Beach County and at that time the appellee resided in Palm Beach County. Alachua County has numerous other contacts with the parties and appears to be the proper venue.
“A cause of action for breach of contract accrues in the locale where the defendant fails to perform its contract.” Coordinated Constructors v. Florida Fill, Inc., 387 So. 2d 1006-1007 (Fla. 3d DCA 1980); M.A. Kite Co. v. A.C. Samford, Inc., 130 So. 2d 99 (Fla. 1st DCA 1961). From the facts in the complaint, the alleged contract is a unilateral one consisting of an offer mailed to the appellee in Palm Beach County and an acceptance by appellee by going to work for appellant in Alachua County. Appellant allegedly breached the contract by dismissing the plaintiff in Alachua County. The affidavit accompanying appellant/defendant’s motion to dismiss states that Vital’s place of business is in Alachua County and plaintiff left employment at Vital November 10, 1981. On these facts it is clear that the cause of action arose in Alachua County and the action should be transferred there.
We therefore reverse that portion of the order pertaining to the venue issue and remand with instructions to transfer this cause to the appropriate court in Alachua County.
REVERSED and REMANDED.
DOWNEY, ANSTEAD and HERSEY, JJ., concur.
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Soowal v. Marden, 452 So. 2d 625 (Fla. 3d DCA 1984)…o, 399 So. 2d 65 (Fla. 5th DCA 1981). For venue purposes in a contract action, a cause of action accrues where the contract is breached. Orange Blossom Enterprises, Inc. v. Brumlik, 430 So. 2d 13 (Fla. 5th DCA 1983); Vital Industries, Inc. v. Burch, 423 So. 2d 1023 (Fla. 4th DCA 1982); Windsor 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 Fir…
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Precision Software, Inc. v. Gauthier, 605 So. 2d 592 (Fla. 2d DCA 1992)…ted Bank of Pinellas v. Farmers Bank of Malone, 511 So. 2d 1078 (Fla. 1st DCA 1987). A breach is said to have occurred where failure of performance occurred. Speedling, Inc. v. Krig, 378 So. 2d 57 (Fla. 2d DCA 1979); Vital Industries, Inc. v. Burch, 423 So. 2d 1023 (Fla. 4th DCA 1982). The record reflects that Precision always issued Gauthier’s salary in Pinellas County, which is where Gauthier worked and received his salary. Since the severance provision itself indicates that Gauthier is simply to continue r…
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Sagaz Indus., Inc. v. Martin, 706 So. 2d 374 (Fla. 5th DCA 1998)…. Welbro Constructors, Inc., 627 So. 2d 594, 595 (Fla. 5th DCA 1993); Pearson v. Wallace Aviation, Inc., 400 So. 2d 50 (Fla. 5th DCA 1981). A breach is said to have occurred where the failure of performance occurred. Vital Industries, Inc. v. Burch, 423 So. 2d 1023 (Fla. 4th DCA 1982); Speedling, Inc. v. Krig, 378 So. 2d 57 (Fla. 2d DCA 1979). Further, where the breach lies in the act of renouncing and refusing to further [*376] recognize a partially completed contract, the cause of action accrues and venue is…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- M. A. Kite Co. v. A. C. Samford, Inc., 130 So. 2d 99 (Fla. 1st DCA 1961)
- Coordinated Constructors v. Fla. Fill, Inc., 387 So. 2d 1006 (Fla. 3d DCA 1980)