ATTORNEYS TITLE SERVICES OF DADE COUNTY, INC., APPELLANT,
v.
PATRICK J. WELLS AND GLADYS M. WELLS, HIS WIFE, APPELLEES
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Venue was improper in Broward County for appellees' suit against appellant corporation for alleged overcharges in a prior foreclosure action, because the property involved in the prior suit does not constitute "property in litigation" in the present suit, and appellant had no office in Broward County and the cause of action did not accrue there.
Venue does not lie in Broward County for a suit against a domestic corporation alleging wrongful overcharges in a prior foreclosure action where the corporation has no office in that county, the cause of action did not accrue there, and the property from the prior suit does not constitute "property in litigation" in the present suit.
[1] Property involved in a prior foreclosure action does not constitute "property in litigation" under section 47.051, Florida Statutes, in a subsequent suit by the property…
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Join FLexlaw to unlock all legal intelligenceAppellant corporation filed a foreclosure suit against appellees on their Broward County property. Appellees paid appellant to dismiss the foreclosure…
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BARKETT, Judge.
Appellant, the defendant below, asserts error in the denial of its motion to dismiss for improper venue. We agree and reverse.
Section 47.051, Florida Statutes (1983), provides in part:
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.
This case arises out of a prior lawsuit filed by appellant corporation to foreclose a mortgage on the appellees’ property. Ap-pellees paid appellant the amount requested to effectuate dismissal of the foreclosure suit so they could sell the property in question. After the foreclosure suit was dismissed, the present suit was filed by appellees. Appellees allege that appellant wrongfully charged appellees more money than was due in the foreclosure suit. Ap-pellees request an accounting and a refund of their alleged overpayment. The trial court determined that venue was proper in Broward County because the prior suit for foreclosure involved Broward County property. We do not agree that this constitutes “property in litigation” in the present suit. Furthermore, appellant does not have an office in Broward County and the cause of action did not accrue there. Consequently, venue does not lie in Broward County. Appellant’s motion to dismiss for improper venue should have been granted and the matter transferred to the appropriate forum.
REVERSED AND REMANDED FOR FURTHER ACTION CONSISTENT HEREWITH,
ANSTEAD, C.J., and DELL, JJ., concur.
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Residential Sav. Mortage, Inc. v. Keesling, 73 So. 3d 280 (Fla. 2d DCA 2011)…08-09 (Fla. 4th DCA 2010) (determining that real property was not in litigation when plaintiff sought money damages for negligence and fraud in connection with a closing on real property); Attorneys [*283] Title Servs. of Dade County, Inc. v. Wells, 468 So. 2d 1120, 1121 (Fla. 4th DCA 1985) (recognizing that the property was not in litigation for venue purposes when lawsuit for an accounting and refund of alleged overpayment arose from prior mortgage foreclosure lawsuit). Thus, the only other way that venue wo…