FRED G. BECKMANN, III AND FRED G. BECKMANN, JR., APPELLANTS,
v.
BURDETTE-BECKMANN, INC., AND R.T. TAYLOR, APPELLEES
FRED G. BECKMANN, III AND FRED G. BECKMANN, JR., APPELLANTS,
BURDETTE-BECKMANN, INC., AND R.T. TAYLOR, APPELLEES
564 So. 2d 649
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
In case no. 89-1718 we reverse the trial court’s order changing venue to Dade County on the authority of Mabie v. Garden Street Management Corp., 397 So. 2d 920 (Fla.1981). From this record, service was first perfected in the Broward County action. The exception appellees wish to make to Mabie regarding the conduct of the parties or their attorneys in securing service even if arguable, is not supported by facts in the record as opposed to mere allegations.
We affirm the order in case no. 89-2027.
DELL, GUNTHER and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Centex-Rodgers Constr. Co. v. Hensel Phelps Constr. Co., 591 So. 2d 1117 (Fla. 1st DCA 1992)…of process is first perfected. Mabie v. Garden Street Management Corp., 397 So. 2d 920 (Fla.1981); Martinez v. Martinez, 153 Fla. 753, 15 So. 2d 842 (1943); Hogan v. Millican, 209 So. 2d 716 (Fla. 1st DCA 1968); Beckmann v. Burdette-Beckmann, Inc., 564 So. 2d 649 (Fla. 4th DCA 1990). In a related vein, sureties are real parties in interest in cases involving public construction bond issues, and thus may be named as defendants in a breach of contract action brought by a subcontractor against a general contrac…
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Triad Disc. Buying Servs., Inc. v. Special Data Processing Corp., 761 So. 2d 1181 (Fla. 4th DCA 2000)…So. 2d 165, 166 (Fla. 3d DCA 1995). In Ray v. Williams Phosphate Co., 59 Fla. 598, 52 So. 589 (1910), the supreme court recognized that the facts of a given case may justify an exception to the general rule. See Beckmann v. Burdette-Beckmann, Inc., 564 So. 2d 649 (Fla. 4th DCA 1990) (reversing order changing venue because exception to Mabie not supported by facts in record). Section 47.122, Florida Statutes (1999), allows for such an exception in its provision that a court may transfer venue “in the interest…
Authorities Cited
- Lefferts L. Mabie, Jr. v. Garden St. Mgmt. Corp., 397 So. 2d 920 (Fla. 1981)