ST. AUGUSTINE BEACH INVESTORS, LTD., A NEW YORK LIMITED PARTNERSHIP AND H.I. DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, APPELLANTS,
v.
JAMES MCGLINCHY, JR., AND WENDY MCGLINCHY, HIS WIFE, APPELLEES
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The court held that venue was improper in Dade County because the defendant corporation had a representative in St. Johns County, where the cause of action accrued.
[1] Ownership and operation of a hotel by a foreign corporation can establish the existence of a "representative" for venue purposes under Florida Statutes Section 47.051.
[2] Venue for an action against a foreign corporation doing business in Florida may be proper in the county where the corporation has a representative, where the cause of act…
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Join FLexlaw to unlock all legal intelligenceAppellees sued for personal injuries sustained at a hotel owned by appellant Beach Investors, a foreign corporation. The hotel is located in St. Johns…
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PER CURIAM.
St. Augustine Beach Investors, Ltd. (“Beach Investors”) and H.I. Development Corporation (“H.I.Development”), appeal the denial of their motion to dismiss/transfer a personal injury claim brought in Dade Coun ty by appellees, James McGlinehy, Jr., and Wendy McGlinehy (“appellees”). We reverse finding the trial court erred in denying the motion to transfer venue.
The appellees brought suit after James suffered injuries as a result of a slip and fall while at the St. Augustine Beach Holiday Inn (“the hotel”). The hotel is located in St. Johns County, Florida, and is owned by Beach Investors. Beach Investors is a New York corporation. Its registered agent for service of process is listed in Tallahassee, Florida. H.I. Development is Florida corporation with agents and representatives in St. Johns County and Dade County.
Section 47.051, Florida Statutes (1997), provides that actions against foreign corporations doing business in Florida may be brought where the corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located. While Beach Investors may not have an “agent” in St. Johns County, it does have a “representative.” Beach Investors ownership and operation of the hotel suffices to establish the existence of a representative for venue purposes under Section 47.051. See Piper Aircraft Corporation v. Schwendemann, 564 So. 2d 546 (Fla. 3d DCA 1990), rev. denied, 577 So. 2d 1328 (Fla.1991); Tropicana Products, Inc. v. Shirley, 501 So. 2d 1373 (Fla. 2d DCA 1987).
Thus the record demonstrates that Beach Investors and H.I. Development share a common county of residency in St. Johns County, and accordingly venue does not lie in Dade County. See Valjean Corp. v. Heininger, 559 So. 2d 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tropicana Prods., Inc. v. Hoke H. Shirley, 501 So. 2d 1373 (Fla. 2d DCA 1987)
- Piper Aircraft Corp. v. Anneliese Schwendemann, 564 So. 2d 546 (Fla. 3d DCA 1990)
- Valjean Corp., Inc. v. Heininger, 559 So. 2d 677 (Fla. 3d DCA 1990)
- Int'l Oceanographic Found. v. Stobs Bros. Constr. Co., 554 So. 2d 659 (Fla. 3d DCA 1990)
- Premier Cruise Lines, Ltd., Inc. v. Gavrilis, 554 So. 2d 659 (Fla. 3d DCA 1990)
- Burnup & Sims Telcom, Inc. v. Arterly McCRONE and Wanda McCrone, 590 So. 2d 1121 (Fla. 3d DCA 1991)