STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, ETC., APPELLANT,
v.
KIMBERLY L. JACKSON, APPELLEE
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The Florida Department of Transportation appealed a trial court order denying its motion to dismiss or transfer venue in a personal injury action filed in Duval County. The appellate court reversed, holding that venue was improper in Duval County and should be transferred to Leon County, where the Department's headquarters is located.
Venue was not properly established in Duval County. Under Florida law, venue in actions against state agencies is proper either in the county where the agency maintains its headquarters or in the county where the cause of action accrued, provided the agency maintains an office there for the transaction of its customary business. Because the Department's headquarters was in Leon County and no evidence established that it maintained an office in St. Johns County (where the cause of action accrued), the only proper venue was Leon County.
[1] Venue for an action against a state agency is proper in the county where the agency maintains its headquarters.
[2] Venue for an action against a state agency may be proper in the county where the cause of action accrued if the agency maintains an office in that county for the transact…
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 an action such as this, venue is proper either in the county where the state agency maintains its headquarters, Carlile v. Game & Fresh Water Fish Commission, 354 So.2d 362 (Fla.1977); or in the county where the cause of action accrued, provided that the agency maintains "an office in [that] county for the transaction of its customary business."”
Establishes the two alternative bases for proper venue in actions against state agencies.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellee filed a personal injury action in Duval County against the Department of Transportation and one of its employees for injuries sustained in a …
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WEBSTER, Judge.
The Department of Transportation seeks review of a nonfinal order denying its motion which sought, in the alternative, either to dismiss for improper venue or to transfer venue. We have jurisdiction. Fla. R.App. P. 9.030(b)(1)(B), 9.130(a)(3)(A). Because we conclude that the Department was entitled to have venue transferred to Leon County, where its headquarters is, we reverse.
Appellee filed a personal injury action in Duval County against the Department and one of its employees. The complaint alleged that the collision resulting in appellee’s injuries occurred in St. Johns County, where she resided. Although the complaint alleged that the Department maintained an office in Du-val County, it contained no similar allegation as to St. Johns County. The Department filed a motion asserting that the complaint contained no allegations which were legally sufficient to establish venue in Duval County, and requesting that the trial court either dismiss the action for improper venue or transfer venue to an “appropriate county.” The trial court denied the motion. This appeal follows.
In an action such as this, venue is proper either in the county where the state agency maintains its headquarters, Carlile v. Game & Fresh Water Fish Commission, 354 So. 2d 362 (Fla.1977); or in the county where the cause of action accrued, provided that the agency maintains “an office in [that] county for the transaction of its customary business.” § 768.28(1), Fla. Stat. (1995). On the date that appellee filed her complaint, the Department’s headquarters was situate in Tallahassee, Leon County. § 334.044(4), Fla. Stat. (1995). The complaint alleged that the cause of action accrued in St. Johns County. Therefore, venue was not proper in Duval County. Because it does not appear that any evidence was presented to establish whether the Department maintained an office in St. Johns County “for the transaction of its customary business,” the only proper venue was Leon County. Accordingly, the trial court should have granted the Department’s motion, and transferred the action to Leon County. Because it denied the motion, we reverse, and remand with directions that the trial court transfer venue to Leon County.
REVERSED and REMANDED, with directions.
JOANOS and ALLEN, JJ., concur.
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Citator
Authorities Cited
- Carlile v. Game & Fresh Water Fish Comm'n of the State of Fla., 354 So. 2d 362 (Fla. 1977)