CAPITAL HOTEL GROUP, INC., OF TALLAHASSEE, A DELAWARE CORPORATION, APPELLANT,
v.
PATRICIA KASTAMA AND MARVIN KASTAMA, HER HUSBAND, 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.
Capital Hotel Group's motion to transfer venue was properly granted because an independent travel agent who books a hotel reservation is not an agent of the hotel under Florida's venue statute.
Independent travel agents who book reservations and receive fees from the facility do not become agents of that facility for purposes of Florida's venue statute.
[1] An independent travel agent who books hotel reservations and receives compensation from the hotel is not an agent of the hotel for purposes of establishing venue under Fl…
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 intelligencePatricia Kastama was injured in a slip and fall at Capital Hotel Group's Holiday Inn in Tallahassee. She and her husband sued in Hillsborough County w…
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 Venue Provisions cases and more on FLexlaw
PATTERSON, Judge.
Patricia Kastama and her husband, Marvin, sued Capital Hotel Group, Inc., of Tallahassee (Capital) for injuries Patricia suffered in a slip and fall at Capital’s hotel in Leon County. The suit was brought in Hillsbor-ough County, where the Kastamas reside. Capital responded with a motion to dismiss or transfer based on improper venue, asserting that it has no business connection to Hillsborough County and does business solely in Leon County. The Kastamas countered by saying that Patricia had booked her reservation at Capital’s Holiday Inn in Tallahassee through a computer reservation system accessed by a Hillsborough County travel agent. The Kastamas asserted that the booking process made the travel agent “an agent or other representative” of Capital pursuant to the venue provisions of section 47.051, Florida Statutes (1993). The trial court agreed and denied the motion. We reverse.
We agree with our sister court, the Third District Court of Appeal, that independent travel agents who book reservations for travelers and receive a fee from the facility where the reservation is booked do not become an agent of the facility for the purposes of section 47.051. See Walt Disney World Co. v. Diaz, 691 So. 2d 1150 (Fla. 3d DCA 1997). We therefore reverse and remand with directions to transfer this action to the Circuit Court of Leon County.
DANAHY, AC.J., and LAZZARA, J., concur.