INTERNATIONAL FIDELITY INSURANCE COMPANY, ET AL., APPELLANTS/CROSS-APPELLEES,
v.
BARBARA BUGGS SIMMONS, ETC., APPELLEES/CROSS-APPELLANTS
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Simmons sued Fidelity Insurance and the Vaccaros for negligent employment, retention, and supervision of a bail bonds agent. The trial court split venue, transferring the Vaccaros to Citrus County but denying Fidelity's transfer motion. The appellate court reversed, finding the case should be entirely transferred because the alleged causes of action arose in Citrus County where Fidelity and the Vaccaros were located.
The appellate court reversed the denial of Fidelity's venue transfer motion and found that the trial court improperly split the case. The alleged causes of action for negligent hiring, retention, and supervision arose in Citrus County where the defendants were located, not in Brevard County where the tortious acts may have occurred.
[1] A venue transfer motion should be granted when the defendant resides in a different county and the cause of action arose in that county.
[2] A court improperly splits a case between two counties when it grants a venue transfer for one defendant but denies it for another defendant in the same action.
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Join FLexlaw to unlock all legal intelligence“the court improperly split this case between two counties”
Establishes that dividing a single case between two counties violates venue rules
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Join FLexlaw to unlock all legal intelligenceBarbara Buggs Simmons filed suit against International Fidelity Insurance Company, Donald and Yvonne Vaccaro, and AA Bail Bonds of Brevard County in B…
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HARRIS, Judge.
Barbara Buggs Simmons (Simmons) sued International Fidelity Insurance Company (Fidelity) and Donald and Yvonne Vaccaro (the Vaccaros) in Brevard County. The complaint contends that Fidelity had “agreed to be bound by and responsible for all acts committed by Robert Varner and Robert Varner, Jr., d/b/a AA Bail Bonds of Brevard County in their actions as Bail Bondsmen or agents of International Fidelity Insurance Company, as evidenced by its filings with the State of Florida, Office of Insurance Commission.” These filings were not attached to the complaint; hence we are unable to discern from the pleadings what the alleged agreement was. Nor can we tell from the complaint that any such agreement was breached.1
The complaint further contends that Fidelity and the Vaccaros are liable for damages because of the negligent employment and retention of AA Bail Bonds of Brevard County as an agent and because they failed to properly supervise AA Bail Bonds.
Fidelity and the Vaccaros moved to transfer venue on the basis that the Vaccaros live in Citrus County and Fidelity has its office in Citrus County and that neither has any connection with Brevard County, and that the cause of action, if any, arose in Citrus County. The court granted the motion as to the Vaccaros. Simmons appeals; we affirm. The court denied the motion of Fidelity. Fidelity appeals; we reverse.
First, the court improperly split this case between two counties. See Walden Leasing, Inc. v. Modicamore, 559 So. 2d 656 (Fla. 4th DCA 1990). Second, we believe that the alleged causes of action arose in Citrus County and, therefore, there was no basis for jurisdiction in Brevard County.
The fact that AA Bail Bonds might have committed tortious acts in Brevard County (AA Bail Bonds is not a party to this action) does not change the fact that the negligent hiring and retention, if any, and the alleged lack of supervision, took place in Citrus County.
REVERSED and REMANDED.
W. SHARP and GOSHORN, JJ„ concur. . It is not necessary in this appeal that we consider whether Simmons actually stated a cause of action. However, it is difficult to consider appel-lees’ obligation under the alleged agreement or its duty to supervise AA Bail Bonds when the complaint does not allege that the tortious acts of AA Bail Bonds were committed in relation to its bail bond activities. The acts of employees of AA Bail Bonds in assaulting Simmons, in so far as we can tell from the complaint, could have been motivated by personal rather than professional reasons.
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Citator
Authorities Cited
- Clanton v. Honorable Calvin R. Mapp, 559 So. 2d 656 (Fla. 3d DCA 1990)
- Walden Leasing, Inc. v. Modicamore, 559 So. 2d 656 (Fla. 4th DCA 1990)