GULFSTREAM PARK RACING ASSOCIATION, INC., APPELLANT,
v.
PETER COURNOYER, APPELLEE
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Venue should have been transferred from Dade County to Broward County because the defendant corporation's business office and the cause of action were located in Broward County.
Gulfstream Racing Association, Inc., a domestic corporation, moved to transfer venue from Dade County to Broward County, asserting its business office…
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PER CURIAM.
Gulfstream Racing Association, Inc. appeals from an order denying its motion to transfer venue.
Gulfstream, the corporate defendant in this personal injury action, filed an affidavit, which is uncontroverted, in support of its motion to transfer venue of the cause from Dade County to Broward County averring: (1) that Gulfstream is located in Broward County, and (2) that Gulfstream’s business office is in Broward County and it has no business office in Dade County. It is also undisputed that the injury occurred in Broward County.
Section 47.051, Florida Statutes (1985), relied upon by Gulfstream, 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.
In Murphy Constr. Co. v. Avatar Properties, Inc., 464 So. 2d 645 (Fla. 3d DCA 1985), we held that venue did not lie in Dade County when the defendant corporation affirmatively showed that (1) there was no property located in Dade County involved in the litigation, (2) the defendant’s sole office for transacting business was located outside of Dade County, and (3) the alleged cause of action accrued in a county other than Dade County. On these authorities we hold that venue in this cause should have been transferred.
Reversed and remanded for further consistent proceedings.
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Korn v. Ambassador Homes, Inc., 546 So. 2d 756 (Fla. 3d DCA 1989)…s is in probable danger of dissipation and that there is a reasonable likelihood of success on the merits with respect to the constructive trust claim, ITT Community Dev. Corp. v. Barton, 457 F.Supp. 224 (M.D.Fla.1978); Republic of Haiti v. Jeremie, 505 So. 2d 629 (Fla. 3d DCA 1987); Finkelstein v. Southeast Bank, N.A., 490 So. 2d 976 (Fla. 4th DCA 1986), and (b) a temporary injunction is proper to maintain the status quo, as here, pending the outcome of an arbitration claim. PMS Distrib. Co. v. Huber & Suhne…
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AIR S., Inc. v. Spaziano, 547 So. 2d 314 (Fla. 4th DCA 1989)…See Soowal v. Marden, 452 So. 2d 625 (Fla. 3d DCA 1984); cf. Tucker v. Fianson, 484 So. 2d 1370 n. 3 (Fla. 3d DCA 1986). Venue for a negligence claim accrues in the county where the accident occurs. Gulfstream Park Racing Ass’n., Inc. v. Cournoyer, 505 So. 2d 629 (Fla. 3d DCA 1987). The landing accident occurred on Bimini. The standard in reviewing a trial court’s ruling on a motion to transfer for improper venue is abuse of discretion. Carlson-Southeast Corp. v. Geolithic, Inc., 530 So. 2d 1069, 1073 (Fla.…
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Burnup & Sims Telcom, Inc. v. Arterly McCRONE and Wanda McCrone, 590 So. 2d 1121 (Fla. 3d DCA 1991)…unty. See Florida Physicians’ Ins. Co. v. Crouthamel, 566 So. 2d 900 (Fla. 4th DCA 1990), review denied, 582 So. 2d 622 (Fla.1991); Valjean Corp., Inc. v. Heininger, 559 So. 2d 677 (Fla. Sd DCA 1990); Gulfstream Park Racing Ass'n, Inc. v. Cournoyer, 505 So. 2d 629 (Fla. 3d DCA 1987); § 47.051, Fla.Stat. (1989). For these reasons, we reverse the order. On remand, the McCrones may elect to litigate the action in either Broward County or Palm Beach County. Reversed and remanded.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Murphy Constr. Co. v. Avatar Props., Inc., 464 So. 2d 645 (Fla. 3d DCA 1985)