AIR SOUTH, INC., APPELLANT,
v.
LEO A. SPAZIANO, AND CHRISTINA SPAZIANO, HIS WIFE, APPELLEES
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Air South, Inc. appealed the trial court's denial of its motion to dismiss or transfer for improper venue in a negligence and breach of contract case arising from a plane crash. The Fourth District Court of Appeal reversed, holding that venue in Broward County was improper because the defendant corporation had no office there at the time of suit and the accidents giving rise to both claims occurred elsewhere.
Venue in Broward County was improper. For the breach of contract claim, venue accrues where the breach occurs—here when the plane crashed on Bimini. For the negligence claim, venue accrues where the accident occurs—also Bimini. Air South maintained no office in Broward County in 1988, the relevant date for determining venue. No statutory basis supported venue in Broward County.
[1] Venue for actions against domestic corporations is proper in the county where the corporation has an office for the transaction of its business, where the cause of action…
[2] When a defendant challenges venue with an affidavit controverting the plaintiff's venue allegations, the burden shifts to the plaintiff to prove it selected the proper ve…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the three alternative bases for venue under Florida law applicable to this case.
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Join FLexlaw to unlock all legal intelligenceAir South, a Florida corporation, was hired to fly the Spazianis from Fort Lauderdale to Mangrove Cay in the Bahamas. The flight agreement was signed …
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GARRETT, Judge.
This is an appeal of the trial court’s denial of appellant’s motion to dismiss or transfer for improper venue.
Appellees hired appellant to fly them from Fort Lauderdale to Mangrove Cay in the Bahamas. The agreement was signed in Fort Lauderdale. Bad weather forced a landing on Bimini. When the landing gear failed, the plane crashed injuring appellees.
Appellees filed their complaint for breach of contract and negligence in 1988 in Bro-ward County alleging that at all times appellant “was a Florida corporation doing business in Broward County.” In support of appellant’s motion attacking venue, its president’s affidavit stated that on the filing date of the complaint appellant only maintained offices in Dade County. Appel-lees’ affidavit in opposition stated appellant maintained Broward County offices in 1984. Without explanation, the trial judge denied the motion. This appeal followed.
We reverse.
Section 47.051, Florida Statutes (1987) states:
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.
It is a plaintiffs prerogative to select venue, but the selection must be one of the alternatives provided by the statute. No property is involved sub judice so the plaintiff only has two alternatives (1) the county where the business maintains its office or (2) the county where the contract was breached or the accident took place. It is up to the defendant to plead and prove that the venue selected by the plaintiff is improper. Once the defendant challenges venue with an affidavit controverting the plaintiff’s venue allegations, the burden shifts to the plaintiff to prove it selected the proper venue. Miller v. Southland Insurance Co., 513 So. 2d 800, 801 (Fla. 4th DCA 1987).
Venue is determined by the facts at the time a lawsuit is filed. Valle v. Mador, 478 So. 2d 416 (Fla. 3d DCA 1985). The dispositive date is 1988 when the complaint was filed not 1984 when the crash landing occurred. During 1988 appellant did not maintain an office in Broward County.
Venue for a breach of contract claim accrues in the county where the breach occurs. Carter Realty Co. v. Roper Brothers Land Co., 461 So. 2d 1029 (Fla. 5th DCA 1985). Although appellees allege the contract breach took place in Broward County when appellant failed to furnish a safe plane and skilled pilot, the breach of contract claim accrued when the plane crashed. 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. 1st DCA 1988). We find such abuse since there is no statutory basis for venue in Broward County.
Accordingly, we reverse the order denying the transfer for improper venue and remand with directions to enter an order transferring the case to Dade County for further proceedings.
REVERSED AND REMANDED WITH DIRECTIONS.
LETTS and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Carr v. Stetson, 741 So. 2d 567 (Fla. 4th DCA 1999)…lving several causes of action may be brought in any county where any of the causes of action accrued.”). The standard of review for an order on a motion to transfer or dismiss for improper venue is abuse of discretion. Air South, Inc. v. Spaziano, 547 So. 2d 314, 315 (Fla. 4th DCA 1989). “A plaintiff has the ‘option of venue selection, as long as that selection is one of the statutory alternatives, it should not be disturbed.’ ” In-tercapital Funding, 683 So. 2d 530, 532 (quoting Oliver v. Severance, 542 So…
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Pricewaterhousecoopers LLP v. Cedar Res., Inc., 761 So. 2d 1131 (Fla. 2d DCA 1999)…OF REVIEW Cedar urges us to review the trial court’s venue decision under an abuse of discretion standard, citing to Instrumentation Services, Inc. v. Data Management Associates, 708 So. 2d 1018 (Fla. 4th DCA 1998), and Air South, Inc. v. Spaziano, 547 So. 2d 314 (Fla. 4th DCA 1989). Cedar’s reading of Instrumentation Services and Air South overlooks the fact that there are at least two different types of venue decisions a trial court may be asked to make, each requiring a different standard of review. For…
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Wincor v. Cedars Healthcare Grp., Ltd., 695 So. 2d 924 (Fla. 4th DCA 1997)…section, which apples only to Florida residents, apples here because Cedars is a Florida limited partnership. The plaintiff has the prerogative to select venue so long as the selection is one of the statutory alternatives. Air S., Inc. v. Spaziano, 547 So. 2d 314, 315 (Fla. 4th DCA 1989). To change venue based on section 47.011, the defendant must plead and prove that the venue selected by the plaintiff is improper. Id. To show that venue was proper in Broward County, plaintiff reles on the provision in sec…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tucker v. Chantal Fianson, 484 So. 2d 1370 (Fla. 3d DCA 1986)
- Carter Realty Co. v. Roper Bros. Land Co., Inc., 461 So. 2d 1029 (Fla. 5th DCA 1985)
- Soowal v. Marden, 452 So. 2d 625 (Fla. 3d DCA 1984)
- Carlson-Southeast Corp. & Seaboard Sur. Co. v. Geolithic, Inc., 530 So. 2d 1069 (Fla. 1st DCA 1988)
- Miller v. Southland Ins. Co., Inc., 513 So. 2d 800 (Fla. 4th DCA 1987)
- Gulfstream Park Racing Ass'n, Inc. v. Cournoyer, 505 So. 2d 629 (Fla. 3d DCA 1987)
- Valle v. Mador, 478 So. 2d 416 (Fla. 3d DCA 1985)