INSTRUMENTATION SERVICES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
DATA MANAGEMENT ASSOCIATES, INC., SHALLOWAY, FOY, FAYMAN & NEWELL, INC., AND GARY L. MOYER, P.A., APPELLEES
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In this venue dispute, the Fourth District Court of Appeal affirmed the trial court's denial of a defendant's motion to transfer venue from Palm Beach County. The court held that where a contract repudiation occurs by mail, venue may be established at the location where the repudiatory letter was received, and the defendant failed to meet its burden of showing that the forum was inconvenient.
The court affirmed the denial of the motion to transfer venue. The court held that under section 47.011, Florida Statutes, venue was proper in Palm Beach County because the cause of action accrued where the repudiatory letter was received (the addressee's location in Palm Beach County). Additionally, defendant failed to meet its burden of demonstrating that the forum would cause undue inconvenience, as some identified witnesses were residents of Broward or Palm Beach counties.
[1] A trial court's order on a motion to transfer or dismiss for improper venue is reviewed for abuse of discretion.
[2] Under Florida law, venue for a breach of contract action may be proper in any county where the defendant resides, where the cause of action accrued, or where the property…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In accordance with section 47.011, Florida Statutes (1995), Plaintiffs could have brought their action in any county where Defendant resides, where the cause of action accrued, or where the property subject to the litigation is located.”
Establishes the statutory basis for proper venue in contract actions and the available forums.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceData Management Associates, Inc. (defendant) is a Florida corporation with offices in Orange County. Instrumentation Services, Inc. and two other corp…
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PER CURIAM.
We affirm an order denying Defendant’s motion for change in venue. Plaintiffs sued in Palm Beach County for breach of contract: Defendant is a Florida corporation with its office in Orange County. Two of the plaintiffs are Florida corporations with their main offices in Palm Beach County, one is a corporation with an office in Broward County. Under the contract, Plaintiffs were to provide services in Broward. Defendant moved to transfer venue, alleging that the cause of action accrued (if at all) when Defendant mailed a letter from North Carolina stating its intention not to make any further payments to Plaintiffs pursuant to their contract. The letter was sent to the president of Data Management in Palm Beach County. The payments under the contract were due in Palm Beach County.
The standard of review for an order on a motion to transfer or dismiss for improper venue is abuse of discretion. Air South, Inc. v. Spaziano, 547 So. 2d 314, 315 (Fla. 4th DCA 1989). In accordance with section 47.011, Florida Statutes (1995), Plaintiffs could have brought their action in any county where Defendant resides, where the cause of action accrued, or where the property subject to the litigation is located. The trial court relied on Suzanne Walker & Associates, Inc. v. Qualtec Quality Services, Inc., 660 So. 2d 384 (Fla. 5th DCA 1995), in concluding that the repudiation occurred at the address where the letter was received. Qualtec held that in instances where contract repudiation is by mail, venue may be at the addressee’s location.
We note that in Mendez v. George Hunt, Inc., 191 So. 2d 480, 481 (Fla. 4th DCA 1966), this court explained that venue for a breach of contract action depends upon the nature of the breach which forms the gravamen of the particular cause and the theory pursued by the claimant. In Mendez, the court found that the suit was founded in the repudiation of a partially completed contract and that the cause of action accrued where the act of repudiation , occurred. See also St. Laurent v. Resort Mktg. Assocs., Inc., 399 So. 2d 362 (Fla. 2d DCA 1981).
The motion also sought a transfer on grounds of forum non conveniens. Defendant asserts that the documents relating to the action are kept in Orange County, that the three corporate representatives who have knowledge of the facts are located there, and that the most significant events, witnesses, and evidence relative to this dispute are located outside of Palm Beach County. However, some of the persons identified as potential witnesses are residents of Broward or Palm Beach counties. It is Defendant’s burden to demonstrate that Plaintiffs’ choice of forum would cause undue inconvenience. We cannot conclude on this record that the decision was an abuse of discretion. Hickman v. Sacino, 566 So. 2d 903 (Fla. 4th DCA 1990).
STONE, C.J., and KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pricewaterhousecoopers LLP v. Cedar Res., Inc., 761 So. 2d 1131 (Fla. 2d DCA 1999)…fer. PWC and Willis then filed this nonfinal appeal. I. THE STANDARD OF REVIEW Cedar urges us to review the trial court’s venue decision under an abuse of discretion standard, citing to Instrumentation Services, Inc. v. Data Management Associates, 708 So. 2d 1018 (Fla. 4th DCA 1998), and Air South, Inc. v. Spaziano, 547 So. 2d 314 (Fla. 4th DCA 1989). Cedar’s reading of Instrumentation Services and Air South overlooks the fact that there are at least two different types of venue decisions a trial court may b…
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Blackhawk Quarry Co. OF Fla., Inc. v. Hewitt Contracting Co., Inc., 931 So. 2d 197 (Fla. 5th DCA 2006)…Services, Inc., 660 So. 2d 384 (Fla. 5th DCA 1995). This appeal followed. Hewitt urges this Court to review the trial court’s venue decision using an abuse of discretion standard, citing Instrumentation Services, Inc. v. Data Management Associates, 708 So. 2d 1018 (Fla. 4th DCA 1998). The abuse of discretion standard applies if the trial court changed venue in a case from one proper location to another. Sch. Bd. of Osceola County v. State Bd. of Ed., 903 So. 2d 963, 965 (Fla. 5th DCA 2005); Mgmt. Computer Con…
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Roselli v. Roselli, 780 So. 2d 284 (Fla. 4th DCA 2001)…on in Broward County. See R.C. Storage One, Inc. v. Strand Realty, Inc., 714 So. 2d 634 (Fla. 4th DCA 1998). On this record, we cannot conclude that the trial court abused its discretion. See Instrumentation Servs., Inc. v. Data Mgmt. Assocs., Inc., 708 So. 2d 1018 (Fla. 4th DCA 1998). Affirmed. WARNER, C.J., FARMER and GROSS, JJ., concur.…
Authorities Cited
- Mendez v. George Hunt, Inc., 191 So. 2d 480 (Fla. 4th DCA 1966)
- ST. Laurent v. Resort Mktg. Assocs., Inc., 399 So. 2d 362 (Fla. 2d DCA 1981)
- AIR S., Inc. v. Spaziano, 547 So. 2d 314 (Fla. 4th DCA 1989)
- Suzanne Walker & Assocs., Inc. v. Qualtec Quality Servs., Inc., 660 So. 2d 384 (Fla. 5th DCA 1995)
- Hickman v. R.A. Sacino, 566 So. 2d 903 (Fla. 4th DCA 1990)