MARK HUNTER, IN HIS OFFICIAL CAPACITY AS SHERIFF OF COLUMBIA COUNTY, APPELLANT,
v.
JOYCE C. SHAW AND DAVID 'RUSTY' SHAW, JR., HER HUSBAND, AND MARTIN CHARLES LEE, APPELLEES
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The Sheriff of Columbia County appeals a trial court's denial of his motion to dismiss based on improper venue. The court held that a government entity sued vicariously for an employee's negligence is not a joint tortfeasor within the recognized exception to the home venue privilege, and therefore the state's home venue privilege applies.
A government entity alleged to be vicariously liable for an employee's negligence is not a joint tortfeasor within the meaning of the home venue privilege exception. Vicarious liability based on respondeat superior is fundamentally different from joint tortfeasor liability, and Florida law does not recognize a co-defendant exception to the home venue privilege.
[1] The State and its agencies or subdivisions, including county sheriffs, enjoy a home venue privilege in civil actions.
[2] The home venue privilege is subject to only four specific exceptions: statutory waiver, acting as a "sword wielder," joint tortfeasor, and "good cause" petitions for conf…
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Join FLexlaw to unlock all legal intelligence“It has long been the established common law of Florida that venue in civil actions brought against the state or one of its agencies or subdivisions, absent waiver or exception, properly lies in the county where the state, agency, or subdivision, maintains its principal headquarters.”
Establishes the foundational home venue privilege for government entities
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Join FLexlaw to unlock all legal intelligenceA deputy sheriff, driving his duty car on the way to work in Columbia County, rear-ended appellees' vehicle in neighboring Hamilton County. Appellees …
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Appellant, the Sheriff of Columbia County, Florida, challenges the trial court’s order denying his motion to dismiss for improper venue based on the home venue privilege. Appellees sued Appellant in his official capacity as Sheriff, as well as a deputy sheriff, for damages allegedly incurred when the deputy rear-ended Ap-pellees’ car. He was driving his duty car, on his way to work in Columbia County, and the accident occurred in neighboring Hamilton County. The amended complaint alleged that Appellant is vicariously liable for the deputy’s, negligence because the deputy was acting within the course and scope of his employment, and .alternatively alleged that the deputy is personally liable because he acted in a reckless, willful, and wanton manner. The trial court denied Appellant’s motion to dismiss for improper venue, relying on a “joint defendant” exception to the home venue privilege. Appellant contends the trial court erred by interpreting too broadly.the recognized joint tortfeasor exception to the home venue privilege, in effect improperly creating a new “co-defendant” exception to the home venue privilege. We agree and reverse.
The State and its agencies or subdivisions, including the county sheriffs, enjoy a home venue privilege. See Carlile v. Game & Fresh Water Fish Comm’n, 354 So.2d 362, 363-64 (Fla.1977) (“It has long been the established common law of Florida that venue in civil actions brought against the state or one of its agencies or subdivisions, absent waiver or exception, properly lies in the county where the state, agency, or subdivision, maintains its principal headquarters.”). The homé venue privilege is subject to only four specific exceptions. Fla. Dep't of Children & Families v. Sun-Sentinel, Inc., 865 So.2d 1278, 1288-89 (Fla.2004) (recognizing exceptions for statutory waiver of home venue privilege, actions in which the State entity allegedly acts, as a “sword wielder,” joint tortfeasor, and “good cause” petitions to access otherwise confidential public records). Id. at 1288-89. A trial court “must apply the home venue privilege unless one of the recognized exceptions to the privilege is satisfied.’! Id. at 1289.
The Florida Supreme Court recognized the joint tortfeasor exception in Board of County Commissioners v. Grice, 438 So.2d 392, 395 (Fla.1983) (“[A] trial court has discretion to dispense with the home venue privilege when a govemmén-tal body is sued as a joint tortfeasor.”) (emphasis added). While Grice did not define the term “joint tortfeasor,” Black’s Law Dictionary defines it as “[t]wo or more tortfeasors who contributed to the claimant’s injury and who may be joined as defendants in the same lawsuit.” Joint tortfeasors, Black’s Law Dictionary (10th ed.2014). “Joint tortfeasors are usually defined as two or more negligent entities whose conduct combines to produce a single injury.” Caccavella v. Silverman, 814 So.2d 1145, 1148 (Fla. 4th DCA 2002).
The trial court here erred in concluding that Appellant, alleged to be vicariously liable for the deputy’s alleged negligence, is a joint tortfeasor within the meaning of this- ’exception to the home venue privilege. See Williams v., Hines, 80 Fla. 690, 86 So. 695, 697 (1920) (“They [principal and agent] are in no sense joint tort-feasors, but the basis of the liability of the principal, or master, is the well-known doctrine óf respondeat superior.”); Grobman v. Posey, 863 So.2d 1230, 1235- (Fla. 4th DCA 2003) (“Vicarious liability does not mesh with the concept of liability that can be apportioned among joint tortfea-sors.”); Phillips v. Hall, 297 So.2d 136, *786137 (Fla. 1st DCA 1974) (“While at’ times the term ‘joint tort-feasors’ has been loosely used ... in connection with the doctrine of respondeat superior ... in its true sense a master and servant are not ‘joint tort-feasors’ when the only -relationship which the master has to the tort of the servant is that he is his employer.”). The joint tortfeasor exception to the home venue privilege does not apply, and Florida law does not recognize a co-defendant exception.
Accordingly, we reverse and remand for dismissal of , the action for improper venue.
THOMAS and OSTERHAUS, JJ., concur.
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Shaw v. Hunter, 212 So. 3d 362 (Fla. 2017)…QUINCE, J. We initially accepted jurisdiction to review the decision of the First District Court of Appeal in Hunter v. Shaw, 182 So. 3d 784 (Fla. 1st DCA 2015), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. After further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review…
Authorities Cited
- Carlile v. Game & Fresh Water Fish Comm'n of the State of Fla., 354 So. 2d 362 (Fla. 1977)
- Bd. of Cnty. Comm'rs of Madison Cnty. v. Grice, 438 So. 2d 392 (Fla. 1983)
- Williams v. Walker D. Hines, 80 Fla. 690 (Fla. 1920)
- Fla. Dep't OF Child. & Families v. Sun-Sentinel, Inc., 865 So. 2d 1278 (Fla. 2004)
- Caccavella v. Frederick W. Silverman, M.D., 814 So. 2d 1145 (Fla. 4th DCA 2002)
- Lawrence R. Grobman, M.D. v. Posey, 863 So. 2d 1230 (Fla. 4th DCA 2003)
- Martha Phillips et vir v. Hall, 297 So. 2d 136 (Fla. 1st DCA 1974)