BURNUP & SIMS TELCOM, INC., A FOREIGN CORPORATION DOING BUSINESS IN FLORIDA, APPELLANT,
v.
ARTERLY MCCRONE AND WANDA MCCRONE, HIS WIFE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Trial court erred in denying a foreign corporation's motion to transfer venue from Dade County to Palm Beach or Broward County where the corporation's agents were located and the cause of action accrued.
A foreign corporation doing business in Florida may transfer a personal injury action to a county where it has agents or representatives or where the cause of action accrued, and venue does not lie in a county where the corporation has no agent or representative and the action did not accrue.
[1] Under Florida Statutes section 47.051, venue in an action against a foreign corporation doing business in Florida lies only in a county where the corporation has an agent…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceBurnup & Sims Telcom, Inc., a foreign corporation, was sued in Dade County for personal injury but had agents and representatives only in Palm Beach C…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Foreign Corporations cases and more on FLexlaw
BASKIN, Judge.
Burnup & Sims Telcom, Inc., a foreign corporation, appeals an order entered in a personal injury action denying its motion to transfer venue from Dade County to Palm Beach County or Broward County.
We hold that the trial court erred in denying the motion to transfer venue.
Section 47.-051, Florida Statutes (1989), provides that “[ajctions 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 action accrued, or where the property in litigation is located.” The record demonstrates that Burnup & Sims is a foreign corporation doing business in Florida; its agents and representatives are located in Palm Beach County and Broward County; it has no agent or representative in Dade County; the cause of action accrued in Broward County; and the litigation does not involve any property.
Accordingly, venue does not lie in Dade County. See Florida Physicians’ Ins. Co. v. Crouthamel, 566 So. 2d 900 (Fla. 4th DCA 1990), review denied, 582 So. 2d 622 (Fla.1991); Valjean Corp., Inc. v. Heininger, 559 So. 2d 677 (Fla. Sd DCA 1990); Gulfstream Park Racing Ass'n, Inc. v. Cournoyer, 505 So. 2d 629 (Fla. 3d DCA 1987); § 47.051, Fla.Stat. (1989). For these reasons, we reverse the order. On remand, the McCrones may elect to litigate the action in either Broward County or Palm Beach County.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
ST. Augustine Beach Invs., Ltd. v. McGLINCHY, 717 So. 2d 556 (Fla. 3d DCA 1998)…d 677 (Fla. 3d DCA 1990); Premier Cruise Lines, Ltd., Inc. v. Gavrilis, 554 So. 2d 659 (Fla. 3d DCA 1990). For these reasons, we reverse and remand with instructions to transfer the case to St. Johns County. See Bumup & Sims Telcom, Inc. v. McCrone, 590 So. 2d 1121 (Fla. 3d DCA 1991). Reversed and remanded with instructions.…
Authorities Cited
- Valjean Corp., Inc. v. Heininger, 559 So. 2d 677 (Fla. 3d DCA 1990)
- Gulfstream Park Racing Ass'n, Inc. v. Cournoyer, 505 So. 2d 629 (Fla. 3d DCA 1987)
- Fla. Physicians' Ins. Co. v. Lawrence Crouthamel, M.D., 566 So. 2d 900 (Fla. 4th DCA 1990)