JOSEPH D'AMATO, JOSEPH D'AMATO CORP., F/K/A COLONIAL PRESS OF MIAMI, INC., GENERAL BINDERY, INC., 2750 CORPORATION, VINCENT D'AMATO, AND DELORES MUELLER, APPELLANTS,
v.
FELDMAN PRINTING GROUP, INC., AS ASSIGNEE OF LEE ALPEN OF FLORIDA, INC., AND SOUTHERN PLAYBILL PUBLISHING, INC., APPELLEES
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PER CURIAM.
This is an appeal by the defendant from an interlocutory order denying the defendant’s motion to dismiss for improper venue in a breach of contract action. We affirm the order under review based on the following briefly stated legal analysis.
First, the amended complaint alleges that the defendant breached a written contract between the parties by refusing to execute certain written documents. This refusal, according to evidence submitted below, took place on October 4, 1982, at a meeting with the plaintiff in Dade County, Florida. Second, the venue in this cause was, therefore, properly laid in Dade County, Florida under Section 47.011, Florida Statutes (1985) because "the cause of action accrued” in Dade County where the defendant allegedly repudiated the contract between the parties. See Goodwin v. Figueroa, 407 So. 2d 1055, 1056 (Fla. 3d DCA 1981); Perry Bldg. Sys. v. Hayes & Bates, Inc., 361 So. 2d 443, 444-45 (Fla. 1st DCA 1978); Al Stone Plumbing, Inc. v. Colonial Leasing Co. of New England, 254 So. 2d 557, 559 (Fla. 3d DCA 1971); Mendez v. George Hunt, Inc., 191 So. 2d 480, 482 (Fla. 4th DCA 1966). On this basis, the order under review is, in all respects,
Affirmed.
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Kumar v. Embassy Kosher Tours, Inc., 696 So. 2d 393 (Fla. 3d DCA 1997)…each of contract “accrues” where the repudiation takes place, Perry Bldg. Sys., Inc. v. Hayes & Bates, Inc., 361 So. 2d 443 (Fla. 1st DCA 1978)(aetion for anticipatory breach accrues at place of repudiation); D’Amato v. Feldman Printing Group, Inc., 519 So. 2d 742 (Fla. 3d DCA 1988) (same; citing Perry, 361 So. 2d at 443); St. Laurent v. Resort Marketing Assocs., 399 So. 2d 362 (Fla. 2d DCA 1981)(same), or — as it contends — only where the agreement was to be performed. Williams Steel Indust. v. Taylor Woodro…
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DAM v. Heart OF Fla. Hosp., Inc., 536 So. 2d 1177 (Fla. 2d DCA 1989)…t resolved on the merits and was instead voluntarily dismissed. We do not find persuasive Dam’s argument that we should adopt the third district’s contrary view. See Simmons v. Schimmel, 476 So. 2d 1342 (Fla. 3d DCA 1985). See also Mekras v. Marlow, 519 So. 2d 742 (Fla. 3d DCA 1988); Guerrero v. Fonte, 507 So. 2d 620 (Fla. 3d DCA 1987); Englander v. St. Francis Hosp., Inc., 506 So. 2d 422 (Fla. 3d DCA 1986). AFFIRMED. SCHOONOVER and FRANK, JJ., concur.…
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Mega Bank v. Telecredit Serv. Ctr., 592 So. 2d 755 (Fla. 3d DCA 1992)…howing as to whether the case would have resulted in summary judgment, “is to be based on the record made and discovery completed as of the moment of dismissal.” Englander v. St. Francis Hospital, Inc., 506 So. 2d at 424. See also, Mekras v. Marlow, 519 So. 2d 742 (Fla. 3d DCA 1988) (affirming order denying defendants’ motion for attorney fees following voluntary dismissal because no showing in record that summary judgment could have been entered in favor of defendant). Here, Telecredit was not a prevail [*75…
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- Mendez v. George Hunt, Inc., 191 So. 2d 480 (Fla. 4th DCA 1966)
- W. D. Little, Jr., M.D. v. Smeltzer, 361 So. 2d 443 (Fla. 2d DCA 1978)
- Goodwin v. Figueroa, 407 So. 2d 1055 (Fla. 3d DCA 1981)
- AL Stone Plumbing, Inc. v. Colonial Leasing Co. OF NEW England, Inc., 254 So. 2d 557 (Fla. 3d DCA 1971)