SOUTHEAST BANK, N.A., APPELLANT,
v.
DAN SERIGNESE AND DEBORAH SERIGNESE, JOINTLY AND SEVERALLY, APPELLEES

Fla. 3d DCA | 1988-01-19
No. 87-862
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
518 So. 2d 967 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The action below to collect moneys due for credit card charges was transferred ex mero motu from Dade to Volusia County (the place where the defendants apparently reside) after defaults had been entered against the personally-served defendants for failing to respond to the complaint. We reverse the order under review upon a holding that there is no public policy reason to prevent the parties from agreeing, as they did, that venue of any action to enforce the agreement be in Dade County, see Fine v. Carney Bank of Broward County, 508 So. 2d 558 (Fla. 4th DCA 1987), and no reason, in the usual case (which this most certainly is), not to permit such an agreement to control the venue of the suit.

Reversed and remanded.


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  • …OVERTON, Justice. We have for review Association of Golden Glades Condominium Club, Inc. v. Security Management Corp., 518 So. 2d 967 (Fla. 3d DCA 1988), in which the Third District Court of Appeal certified the following question as one of great public importance: TO WHAT EXTENT DOES SECTION 718.401(8), FLORIDA STATUTES (1985), APPLY TO RENT ESCALATION CLAUSES ENTERED INTO BEFOR…
  • …rove the Third District Court of Appeal’s decision. The Third District Court of Appeal relied on its decision in the instant case in rendering its opinion in Association of Golden Glades Condominium Club, Inc. v. Secur [*1357] ity Management Corp., 518 So. 2d 967 (Fla. 3d DCA 1988), in which it certified the identical issue to this Court as one of great public importance. For the reasons we expressed in Association of Golden Glades Condominium Club, Inc. v. Security Management Corp., 557 So. 2d 1350 (Fla.199…

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