KATHY FAY YACHT CHARTERS, INC., ET AL., APPELLANTS,
v.
PRESTIGE JET INC., ET AL., APPELLEES
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Kathy Fay Yacht Charters appealed from an order denying transfer of venue in a dispute over a boat charter agreement. The court reversed, finding that proper venue lay in Broward County rather than Orange County because the alleged breach and performance duties occurred in Broward County, despite the plaintiff's office location and contract execution in Orange County.
The court held that venue is proper in Broward County because that is where the cause of action arose, specifically where the alleged breach of the charter agreement occurred. The mere fact that the plaintiff's office is located in and the contract was signed in Orange County is insufficient to establish proper venue when all material performance and breach occurred in Broward County.
[1] Venue is proper in the county where the cause of action arose, the property in dispute is located, or the defendant resides.
[2] A cause of action arises in the county where the material alleged breach of contract occurred.
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Join FLexlaw to unlock all legal intelligence“It is proper to bring suit, or to maintain it, in the county where the cause of action arose, the property in dispute is located or the defendant resides.”
Establishes the statutory standard for proper venue under Florida law
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Join FLexlaw to unlock all legal intelligenceKathy Fay Yacht Charters filed suit against Prestige Jet Inc. regarding cancellation of a boat charter agreement. The plaintiff is located in and sign…
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DAUKSCH, Judge.
This is an appeal from a non-final order denying a transfer of the case. Fla.R. App.P. 9.130(a)(3)(A). Because the complaint and the evidence relating to venue demonstrate that the proper venue is in Broward County, we reverse the order denying a transfer of this case to the Seventeenth Judicial Circuit. See Hart v. Handling Systems Engineering, Inc., 502 So. 2d 1319 (Fla. 1st DCA 1987). It is apparent from all pleadings and evidence that the cause of action, if any, arose out of a cancellation of a boat charter agreement. The only fact that supports venue in Orange County is that the plaintiff has its office in and signed the charter agreement in Orange County. There is no evidence that any negotiations, performance duties or breach occurred in Orange County. To the contrary, all of these occurred in Bro-ward County, if at all. Appellee says it is due a refund of money paid for the charter because the charter master was unfit and the boat unclean, forcing the charter to be terminated early. We deem the material alleged breach to be the failure to properly perform the charter agreement, not the failure to refund, as appellee asserts. Although the trial judge has some discretion in venue questions it is not unlimited. Generally, it is proper to bring suit, or to maintain it, in the county where the cause of action arose, the property in dispute is located or the defendant resides. § 47.011, Fla.Stat. (1987); St. Laurent v. Resort Marketing Associates, 399 So. 2d 362 (Fla. 2d DCA 1981). There is no property involved here, the defendants are in Broward County, the alleged breach occurred there, so venue is proper there.
The order is reversed and this cause remanded for entry of an order transferring the case to the Seventeenth Circuit.
REVERSED and REMANDED.
COBB and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- ST. Laurent v. Resort Mktg. Assocs., Inc., 399 So. 2d 362 (Fla. 2d DCA 1981)
- Hart v. Handling Sys. Eng'g, Inc., 502 So. 2d 1319 (Fla. 1st DCA 1987)