WALDEN LEASING, INC., SNAPPY CAR RENTAL, INC., AND VICKIE L. SHANE, APPELLANTS,
v.
DOMINIC MODICAMORE AND CATHERINE MODICAMORE, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVES OF THE ESTATE OF ANTHONY MODICAMORE, DECEASED, APPELLEES
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Venue is proper in the county of joint residency for individual and corporate defendants, even if other defendants reside elsewhere.
Defendants moved to change venue from Broward County to Palm Beach County, arguing that the individual defendant and one corporate defendant resided i…
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PER CURIAM.
The appellants-defendants appeal an order denying a motion to change venue from Broward County to Palm Beach County. We reverse.
The defendants argue that the action should have been transferred to Palm Beach County because the individual defendant resides in Palm Beach County and one of the corporate defendants has an office in Palm Beach County. Although an action against multiple defendants residing in different counties may be brought in any county in which any defendant resides, an exception has been carved out where a corporate defendant resides in the same county as the individual defendant. In such event, venue is only proper in the county of the joint residency. Inter-Medic Health Centers, Inc. v. Murphy, 400 So. 2d 206 (Fla. 1st DCA 1981). Therefore, the trial court here erred in failing to grant the motion to transfer the action to Palm Beach County.
Despite the foregoing authority, the plaintiff relies on Berdos v. Dowling, 544 So. 2d 1129 (Fla. 4th DCA 1989). That case is inapplicable here since the parties in Berdos were not requesting a transfer to the county where there was joint residency. Moreover, Berdos concerned the sufficiency of affidavits. Thus, Berdos is not dis-positive on the matter now before this court.
Accordingly, we reverse the order denying the transfer of venue.
REVERSED.
ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.
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The Sinclair Fund v. Burton, 623 So. 2d 587 (Fla. 4th DCA 1993)…21, Florida Statutes (1992), where a corporate defendant resides in the same county as an individual defendant, venue is only proper in that county of joint residence. Enfinger v. Baxley, 96 So. 2d 538 (Fla.1957); Walden Leasing, Inc. v. Modicamore, 559 So. 2d 656 (Fla. 4th DCA 1990); Inter-Medic Health Centers, Inc. v. Murphy, 400 So. 2d 206 (Fla. 1st DCA 1981). Plaintiff persuaded the trial court that venue in a contract action for payment of money is in the county where payment is to be made, citing Este…
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Inter-Medic Health Ctrs., Inc. v. Murphy, 400 So. 2d 206 (Fla. 1st DCA 1981)
- Berdos v. Dowling, 544 So. 2d 1129 (Fla. 4th DCA 1989)