PIPER AIRCRAFT CORPORATION, APPELLANT,
v.
ANNELIESE SCHWENDEMANN, APPELLEE
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A foreign corporation can be subject to venue in a county where it has a "representative," even if it lacks a formal "agent."
[1] A plaintiff's choice of venue will not be disturbed if it is one of the alternatives provided by statute.
[2] The burden of demonstrating impropriety in a venue selection rests upon the party challenging venue.
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Join FLexlaw to unlock all legal intelligencePiper Aircraft, a foreign corporation, moved to dismiss or transfer venue from Dade County, arguing it had no agent there. The plaintiffs presented ev…
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LEVY, Judge.
Piper Aircraft Corporation [Piper], is a foreign corporation in the business of manufacturing and selling aircraft and airplane parts. Piper is incorporated in Pennsylvania and has its principal place of business in Indian River County, Florida. Individual lawsuits were filed in Dade County against Piper on behalf of several German citizens who were killed or injured when an aircraft manufactured by Piper crashed in Germany. Piper moved to dismiss the action or, in the alternative, to transfer venue to Indian River County, on the ground that it has no agent or representative in Dade County. The plaintiffs responded by introducing testimony and evidence of contractual agreements between Piper and two separate Dade County entities: Miami Aviation which sells and services airplane parts, and Mann Aircraft which is a parts distributor. Both of these entities were contractually authorized by Piper to perform repairs, warranty, and maintenance work.
The court denied Piper’s motion to transfer venue on the basis that Miami Aviation and Mann Aircraft were “representatives” of Piper in Dade County. Piper appeals and we affirm.
As stated by this court in Premier Cruise Lines, Ltd. v. Gavrilis, 554 So. 2d 659, 660 (Fla. 3d DCA 1990), “it is the prerogative of the plaintiff to select the venue and as long as that selection is one of the alternatives provided by statute, the plaintiff’s selection will not be disturbed.” This court has further noted that the burden of demonstrating any impropriety in a venue selection is placed upon the party challenging venue. See Cassidy v. Ice Queen International, Inc., 390 So. 2d 465 (Fla. 3d DCA 1980); Birdsall Shipping, S.A. v. Gallardo, 390 So. 2d 437 (Fla. 3d DCA 1980).
The pertinent venue statute, Section 47.051, Florida Statutes (1989) (emphasis added), provides that:
Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located.
Piper argues that the statute requires the existence of some form of an agency relationship, despite the use of the word “representative” in the statutory language. According to Piper, the word “representative” is superfluous because “agent” and “representative” are synonymous. Thus, Piper argues, because it has no “agent” in Dade County, it cannot have a “representative.” We disagree.
We note first that, as a general principle of statutory construction, it is to be assumed that particular words and phrases in a statute were meant to have some useful purpose. As stated by the Florida Supreme Court in Johnson v. Feder, 485 So. 2d 409, 411 (Fla.1986) (citations omitted):
We are compelled by well-established norms of statutory construction to choose that interpretation of statutes and rules which renders their provisions meaningful. Statutory interpretations that render statutory provisions superfluous “are, and should be, disfavored.” Courts are not to presume that a given statute employs “useless language.”
The legislature’s use of the word “representative” was clearly deliberate and cannot be construed as superfluous.
Furthermore, a second general principle of statutory interpretation, as applied to the word “or”, is that courts will normal ly construe the word “or”, as a disjunctive which indicates that the legislature contemplated alternatives. Sparkman v. McClure, 498 So. 2d 892 (Fla.1986). Clearly Section 47.051, which permits venue in a county where a foreign corporation has “an agent or other representative”, contemplated that either alternative would be sufficient to establish venue, thus indicating that the terms are not interchangeable and that a plaintiff may bring an action in either one of two situations: (1) where a corporation has an agent in a county, or (2) where a corporation has a representative in a county. The nature of the relationship that the plaintiff must establish as existing between Piper and its “representative” for venue purposes is far different than the relationship that the plaintiff would have to demonstrate in order to hold Piper financially liable in tort for the actions of one of its “agents”.
Because we find that there was sufficient evidence to support the trial court’s determination that Piper had representatives in Dade County in the form of the Piper service center, to-wit: Miami Aviation, and the Piper parts distributor, to-wit: Mann Aircraft, we affirm the denial of the motion to transfer venue.
Affirmed.
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Barry Cook Ford, Inc. v. Ford Motor Co., 571 So. 2d 61 (Fla. 1st DCA 1990)…’s selection will not be disturbed. The plaintiff’s decision regarding venue is presumptively correct, and the party challenging venue has the burden to demonstrate any impropriety in the plaintiff’s choice. See Piper Aircraft Corp. v. Schwendemann, 564 So. 2d 546 (Fla. 3d DCA 1990); Premier Cruise Lines, Ltd. v. Gavrilis, 554 So. 2d 659 (Fla. 3d DCA 1990); Williams v. Union Nat. Ins. Co., 528 So. 2d 454 (Fla. 1st DCA 1988). The trial court inappropriately transferred venue in this case. Under section 47.05…
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Breed Techs., Inc. v. Alliedsignal Inc., 861 So. 2d 1227 (Fla. 2d DCA 2003)…sborough County, that venue had to be transferred to Hillsborough County. Breed contended that AlliedSig-nal had agents or other representatives in Polk County and, pursuant to section 47.051 and the decision in Piper Aircraft Corp. v. Schwendemann, 564 So. 2d 546 (Fla. 3d DCA 1990), that Polk County was a proper venue. The pertinent facts relating to venue are largely undisputed by the parties. Allied-Signal did not have employees, offices, entities, subsidiaries, or real estate in Polk County, and no one i…1 / 2
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Alfred Ivan Murciano, M.D. v. State, 208 So. 3d 130 (Fla. 3d DCA 2016)…junctive application. The use of the word “or” in a statute is generally construed in the disjunctive, and normally indicates that alternatives were intended. Sparkman v. McClure, 498 So. 2d 892, 895 (Fla.1986); Piper Aircraft Corp. v. Schwendemann, 564 So. 2d 546, 548 (Fla. 3d DCA 1990). Applying this general rule to the plain language of section 409.9131(2)(b), we hold that Dr. O’Hern was a “peer,” as he was, to the maximum extent possible, of the same specialty or subspecialty as Dr. Murciano. We do not i…
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
- Sparkman v. McCLURE, 498 So. 2d 892 (Fla. 1986)
- Johnson v. Feder, 485 So. 2d 409 (Fla. 1986)
- Cassidy v. ICE Queen Int'l, Inc., 390 So. 2d 465 (Fla. 3d DCA 1980)
- Int'l Oceanographic Found. v. Stobs Bros. Constr. Co., 554 So. 2d 659 (Fla. 3d DCA 1990)
- Premier Cruise Lines, Ltd., Inc. v. Gavrilis, 554 So. 2d 659 (Fla. 3d DCA 1990)
- Birdsall Shipping, S.A. v. Gallardo, 390 So. 2d 437 (Fla. 3d DCA 1980)