DOROTHY NYLUND, APPELLANT,
v.
MOTEL 6, INC., A FOREIGN CORPORATION, APPELLEE
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Venue is proper in a Florida county where a foreign corporation has an agent, and the doctrine of forum non conveniens cannot be used to deprive Florida of jurisdiction when the plaintiff is a Florida resident.
A Florida resident was injured in a motel in California owned by a foreign corporation. The corporation had a resident agent in Broward County, Florid…
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STONE, Judge.
We reverse an order granting a motion to dismiss for improper venue.
The appellant is a Florida resident injured in one of appellee’s motels in California. It is undisputed that there is jurisdiction over the appellee and that its resident agent which was served, is located in Bro-ward County. It is not suggested that any other Florida county would be a more appropriate forum.
An action against a foreign corporation, over which Florida courts have jurisdiction, is properly brought in a county where the corporation has an agent. § 47.051, Florida Statutes (1985). Therefore, venue is proper in Broward County. Walt Disney World v. Leff, 323 So. 2d 602 (Fla. 4th D.C.A. 1975); Cleveland Compania Martima v. Logothetis, 378 So. 2d 1336 (Fla. 2nd D.C.A. 1980).
In addition, the doctrine of forum non conveniens may not be used to deprive Florida of jurisdiction where, as in this case, the plaintiff is a Florida resident. Houston v. Caldwell, 359 So. 2d 858 (Fla. 1978); Ryder Truck Rental Inc. v. Ray, 418 So. 2d 294 (Fla. 3rd DCA 1982).
Accordingly, the order dated September 10, 1985 is reversed and this case is remanded to the trial court with instructions to reinstate the complaint.
GLICKSTEIN and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brigitte Oboussier-Lowe v. Kuehne & Nagel (A.G. & Co.), 531 So. 2d 249 (Fla. 5th DCA 1988)…and the defendant are nonresidents and the cause of action arose in a jurisdiction outside of Florida. Seaboard Coast Line Railroad Company v. Swain, 362 So. 2d 17 (Fla.1978); Houston v. Caldwell, 359 So. 2d 858 (Fla.1978); Nylund v. Motel 6, Inc., 490 So. 2d 216 (Fla. 4th DCA 1986); Armadora Naval Dominicana, S.A. v. Garcia, 478 So. 2d 873 (Fla. 3d DCA 1985); Ryder Truck Rental, Inc. v. Ray, 418 So. 2d 294 (Fla. 3d DCA 1982); Adams v. Seaboard Coast Line Railroad Company, 224 So. 2d 797 (Fla. 1st DCA 1969).…
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White v. Dollar Rent-A-Car Sys., Inc., 510 So. 2d 1169 (Fla. 3d DCA 1987)…e of forum non conveniens is inapplicable to any suit properly filed in this state where either party is a resident of Florida,” mandates reversal of the trial court’s Order Granting Motion to Dismiss for Improper Venue. See Nylund v. Motel 6, Inc., 490 So. 2d 216 (Fla. 4th DCA 1986); Ryder Truck Rental, Inc. v. Ray, 418 So. 2d 294 (Fla. 3d DCA 1982), review denied, 427 So. 2d 736, 737 (Fla.1983); Sempe v. Coordinated Caribbean Transport, Inc., 363 So. 2d 194 (Fla. 3d DCA 1978), cert. denied, 372 So. 2d 467 (…
Authorities Cited
- Houston v. Caldwell, 359 So. 2d 858 (Fla. 1978)
- Walt Disney World Co. & Ins. Co. of N. Am. v. Leff, 323 So. 2d 602 (Fla. 4th DCA 1975)
- Ryder Truck Rental, Inc. v. RAY, 418 So. 2d 294 (Fla. 3d DCA 1982)
- Caesar Mauti v. Lowe, 378 So. 2d 1336 (Fla. 4th DCA 1980)
- Cleveland Compania Maritima v. Pantelis Logothetis, 378 So. 2d 1336 (Fla. 2d DCA 1980)