MACLAN CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
GOLF ENTERPRISES, INC., GARY DOYLE, LINDA B. DOYLE, STEVE DRING, AND KENANN C. DRING, APPELLEES
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MacLan Corporation, a Florida corporation with its sole place of business in Polk County, appealed the trial court's denial of its motion to transfer venue from Sarasota County to Polk County in a breach of contract dispute. The appellate court reversed, holding that the breach of contract occurred in Polk County where the defendant ceased production, not in Sarasota County where the contract was made and delivery was to occur.
Venue properly lies in Polk County, the county where MacLan ceased production of the golf course markers and where the defendant has its place of business. The alleged breach occurred at appellant's place of business in Polk County when it ceased production, not in the county where delivery was to be made.
[1] Venue for a domestic corporation is proper in the county where it has an office for the transaction of its customary business or where the cause of action accrued.
[2] A breach of contract occurs where the defendant renounced and refused to further honor the contract, not necessarily where delivery was to be made.
Previewing 2 of 3 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“Section 47.051, Florida Statutes (1983), places venue in this case in the county where appellant has an office for the transaction of its customary business or where the cause of action accrued.”
Establishes the controlling statutory standard for determining proper venue in actions against domestic corporations.
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Join FLexlaw to unlock all legal intelligenceMacLan Corporation entered into a contract with Golf Enterprises, Inc. and others to manufacture and sell golf course markers. The contract was offere…
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OTT, Acting Chief Judge.
We reverse the trial court’s denial of appellant’s motion for change of venue.
Appellees, plaintiffs below, sued appellant in Sarasota County for breach of contract, specific performance, conversion, and misrepresentation and fraud. The suit arose out of a contract between the parties whereby appellant was to manufacture and sell golf course markers to appellees. The terms of the contract are in dispute. However, the complaint alleges that appellant notified appellees that it would not produce the golf course markers in accordance with the agreement between the parties.
Appellant filed a motion to transfer venue to Polk County. Attached thereto was an affidavit of appellant’s president stating that appellant’s sole place of business is in Polk County, Florida. Appellees countered with an affidavit stating that the contract offer was made and accepted in Sarasota County and that delivery of the markers was to be made in Sarasota County. The trial court denied the motion for change of venue.
Appellant is a domestic corporation. Section 47.051, Florida Statutes (1983), places venue in this case in the county where appellant has an office for the transaction of its customary business or where the cause of action accrued.
All parties argue on appeal that venue lies where the contract was breached. Based upon the allegations of appellees’ complaint, we believe the alleged breach occurred at appellant’s place of business in Polk County when appellant ceased production of the golf course markers. Cf. Perry Building Systems, Inc. v. Hayes & Bates, Inc., 361 So. 2d 443 (Fla. 1st DCA 1978) (breach occurred where defendant renounced and refused to further honor the contract). We find nothing in the contract which makes delivery of the golf course markers an item to be performed under the contract. Therefore, we reject the argument that the breach occurred in the county where defendant refused to deliver the goods.
We vacate the order denying the motion for change of venue and remand for entry of an order transferring this cause to Polk County.
CAMPBELL and FRANK, JJ., concur.