VALJEAN CORPORATION, INC., APPELLANT,
v.
STEPHANIE HEININGER AND WECARE DISTRIBUTORS, INC. D/B/A THE OIL OF MINK COLLECTION BY ROSE MARIE, APPELLEES
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The court held that the trial court erred in denying the defendant's motion to change venue, as the action was improperly laid in Dade County.
The defendant Valjean Corporation, Inc. moved to change venue from Dade County. The trial court denied this motion. The defendant argued the action sh…
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PER CURIAM.
The order denying the motion to change venue filed by the defendant Valjean Corporation, Inc. [Valjean] is reversed and the cause is remanded to the trial court with directions to transfer the venue of this cause to either Brevard or Hillsborough County at the plaintiffs option. We reach this result for two reasons.
First, the action below is improperly laid in Dade County and may only be brought, at the plaintiffs option, either (a) where the cause of action accrued, namely, Hillsborough County, or (b) where the defendant Valjean and a co-defendant mutually reside, namely, Brevard County. Commercial Carrier Corp. v. Mercer, 226 So. 2d 270, 271 (Fla. 2d DCA 1969); §§ 47.-021, 47.051, Fla.Stat. (1987).
Second, the defendant Valjean did not, as urged, waive its defense of improper venue by filing a motion to dismiss and answer (neither of which raised improper venue) as the subject motion to change venue was filed before the motion to dismiss was heard and denied by the trial court, and before the answer was filed. Gross v. Franklin, 387 So. 2d 1046 (Fla. 3d DCA 1980).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Waxoyl v. Taylor, 711 So. 2d 1251 (Fla. 3d DCA 1998)…here a litigant first filed a motion to dismiss (which did not raise the question of improper venue) and then,' before the motion to dismiss was heard, filed another motion which raised the question of improper venue. See Valjean Corp. v. Heininger, 559 So. 2d 677, 678 (Fla. 3d DCA 1990). This court concluded that there had been no waiver because the venue motion was filed before the motion to dismiss was heard. See id.; see also Gross v. Franklin, 387 So. 2d 1046, 1049 (Fla. 3d DCA 1980) (no waiver “where se…
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Aladdin Ins. Agency, Inc. v. Jones, 687 So. 2d 937 (Fla. 3d DCA 1997)…efendants have a common county of residence. 96 So. 2d at 540; Goodyear Tire & Rubber Co. v. McCrone, 655 So. 2d 1319, 1320 (Fla. 3d DCA 1995); Levy County School Board v. Bowdoin, 607 So. 2d 479, 481 (Fla. 1st DCA 1992); Valjean Corp. v. Heininger, 559 So. 2d 677, 678 (Fla. 3d DCA 1990); Mankowitz v. Staub, 553 So. 2d 1299 (Fla. 3d DCA 1989); Commercial Carrier Corp. v. Mercer, 226 So. 2d 270, 271 (Fla. 2d DCA 1969). The next question, therefore, is whether the three corporate defendants in the instant case…
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Coto-Ojeda v. Anne S. Samuel, 642 So. 2d 587 (Fla. 3d DCA 1994)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gross v. Franklin, 387 So. 2d 1046 (Fla. 3d DCA 1980)
- Commercial Carrier Corp. v. Levada Mercer, 226 So. 2d 270 (Fla. 2d DCA 1969)