WOODLEY LANE, INC., AN ILLINOIS CORPORATION, APPELLANT,
v.
TRULY NOLEN, D/B/A TRULY NOLEN WEATHERPROOFING, INC.; TRULY NOLEN, INC., A FLORIDA CORPORATION; AND H. W. BERRYMAN, APPELLEES
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Woodley Lane, Inc. sued Truly Nolen and others on an unsecured promissory note and sought to establish venue in Palm Beach County based on the presence of a defendant resident there and the location where equipment related to the note was delivered. The Florida appellate court held that the specific venue statute for unsecured promissory notes (§ 46.05) controls over the general multi-defendant venue statute (§ 46.02), placing venue exclusively in the county where the maker signed the note and resides.
The court held that § 46.05, the specific statute governing venue for actions on unsecured promissory notes, controls over the general multi-defendant venue statute § 46.02. Venue lies exclusively in Dade County where the maker signed the note and resides, and the residence of an endorser in a different county does not change the proper venue.
“a special statute covering a particular subject is controlling over a general statutory provision covering the same and other subjects in general terms”
Establishes the rule of statutory construction that § 46.05 (specific promissory note venue) controls over § 46.02 (general multi-defendant venue)
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Join FLexlaw to unlock all legal intelligenceTruly Nolen executed a promissory note in Dade County where he resides. The note was endorsed by Truly Nolen, Inc. (a Florida corporation with princip…
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The appellant filed his complaint in an action on a promissory note given by Truly Nolen and endorsed by Truly Nolen; Inc. and H. W. Berryman. The maker and the two endorsers were joined as the defendants pursuant to § 46.11, Florida Statutes, F.S.A. The defendant Truly Nolen filed his motion to dismiss for improper venue. The motion was supported by affidavits to the following effect: that Truly Nolen, the maker of the promissory note, was a resident of Dade County; that the note was executed in Dade County; that the note was unsecured; that one of the endorsers, Truly Nolen, Inc., was a Florida corporation with its principal place of business in Dade County and that the other endorser, H. W. Berryman, was a resident of Palm Beach County. Plaintiff filed an affidavit in opposition to defendants’ motion to dismiss, not controverting the facts stated in defendants’ affidavit, but stating that the promissory note sued upon was in partial payment for equipment sold to the maker of the promissory note and that said equipment was sold and delivered in Palm Beach County. The court held that venue in this action was not in Palm Beach County and thereupon transferred the cause to Dade County. We affirm.
The applicable sections of the Florida Statutes are: § 46.01, which provides that suits shall be brought only in the county where the defendant resides, or where the cause of action accrued, or where the property in litigation is located; § 46.02, which provides that suits against two or more defendants residing in different counties-may be brought in any county in which any defendant resides; § 46.04, which provides that suits against domestic corporations-shall be commenced only in the county where such corporation shall have or usually keep an office for the transaction of its customary business, or where the cause of action accrued, or where the property in litigation is located; and § 46.0S, which provides that all promissory notes, the payment of which is not secured by a mortgage or pledge of real or personal property, shall be conclusively deemed to have been completely executed, delivered and accepted in the county in which actually signed and the maker resides (regardless of the county in which such instrument might be accepted or approved by the payee, and regardless of any stipulation in such instrument as to the place of payment), and the cause of action thereon shall also be conclusively determined to have arisen, and suit thereon shall be brought, only in the county in which such instrument was actually signed by the maker, or in which the makers reside; and that the section shall be liberally construed in favor of the makers of the above-mentioned instruments.
Appellant contends that, since there is more than one defendant, and since one of these defendants resides in Palm Beach County, it is proper under § 46.02, supra, to bring the action in Palm Beach County, § 46.04 and § 46.05 being superseded in this situation by § 46.02. Appellant cites as an analogous case, Enfinger v. Baxley, Fla.1957, 96 So.2d 538. There, the plaintiff, a Polk County resident, brought an action for personal injuries in the Circuit Court of Duval County. The cause of action accrued in Polk County. Named as parties defendant were Enfinger, a resident of Polk County, and the Atlantic Coast Line Railroad Company, a foreign corporation having agents and doing business in both Polk County and Duval County. The trial court denied the defendant Enfinger’s motion to dismiss for improper venue. Enfinger ap*571plied for and was granted a writ of certio-rari. The Supreme Court, speaking through Mr. Justice Roberts, made the following statement:
“If Section 46.02, supra, comprehends a corporate defendant and is applicable in a suit against two corporate defendants, as was held in the two cases above-cited [L. B. McLeod Const. Co. v. State, 1932, 106 Fla. 805, 143 So. 594; Inverness Coca-Cola Bottling Co. v. McDaniel, Fla.1955, 78 So.2d 100], it is equally applicable in a suit against a corporate defendant and an individual defendant, and we so hold.”
That statement must be read in the light of the immediate question which then faced the court. After observing that “a corporate defendant ‘resides’, within the meaning of Section 46.02, in the county or counties specified in Section 46.04”, and concluding that the Railroad “resided” in Polk County as well as Duval County, the court stated the ultimate question to be decided as: «* * * [WJhether the individual defendant and the corporate defendant reside 'in different counties’ within the meaning of Section 46.02 * * The Court decided that they did not.
In the instant case, we have an altogether different problem, for we are here concerned with an action on an unsecured promissory note. Therefore, we must look to the venue statute which deals specifically with actions on unsecured promissory notes, viz., § 46.05, Florida Statutes, F.S.A. This section gives the maker of a promissory note the right and privilege of being sued in the county in which he made the note and in which he resides.
It is a well settled rule of statutory construction that a special statute covering a particular subject is controlling over a general statutory provision covering the same and other subjects in general terms. In this situation, the statute relating to the particular part of the general subject will operate as an exception to, or qualification of, the general terms of the more comprehensive statute to the extent only of the repugnancy, if any. Adams v. Culver, Fla. 1959, 111 So.2d 665. Where possible, that construction should be adopted which harmonizes and reconciles statutory provisions, and the courts should endeavor to find a reasonable field of operation that will preserve the force and effect of each. Ideal Farms Drainage District v. Certain Lands, 1944, 154 Fla. 554, 19 So.2d 234.
We, therefore, conclude that § 46.05, Florida Statutes, F.S.A., specifically places the venue of this cause of action in Dade County, where the maker signed the note and where he resides; and the fact that one of the defendants, an endorser of the note, resides in Palm Beach County does not place venue in Palm Beach County.
The appellant next contends that venue may lie in Palm Beach County by reason of the fact that this promissory note contains a preamble reciting that the consideration for the note was the equipment sold and delivered in Palm Beach County. Appellant relies upon the case of Producers’ Supply, Inc. v. Harz, 1942, 149 Fla. 594, 6 So.2d 375, and the principles established therein. Close scrutiny of the opinion in that case reveals that, although a promissory note had been given to evidence a part of the balance of the account, the cause of action sued upon therein was the account. The declaration was in the common counts. Therefore, that was not an action on a promissory note, and the provisions of § 46.05, Florida Statutes, F.S.A., were not applied.
The order is affirmed.
SHANNON, C. J., and ALLEN, J., concur.
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Woodgate Dev. Corp. v. Hamilton Inv. Tr., 351 So. 2d 14 (Fla. 1977)…which harmonizes and reconciles it with other provisions of the same act. State ex rel. School Board v. Dept. of Education, 317 So. 2d 68 (Fla.1975); State v. Putnam County Development Authority, 249 So. 2d 6 (Fla.1971); Woodley Lane, Inc. v. Nolen, 147 So. 2d 569 (Fla.2d DCA 1962). The only interpretation of Section 687.11(4) that can be harmonized with the remainder of Section 687.11 and the remaining sections of the usury statutes is that it remedies the inconsistency between permissible rates payable by…
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Kiesel v. Governor Bob Graham, 388 So. 2d 594 (Fla. 1st DCA 1980)…are in Florida. Hence, it must be concluded that Section 95.11(2)(a) will operate as an [*596] exception to, or a qualification of, the more general terms of Section 95.11(1). Adams v. Culver, 111 So. 2d 665 (Fla.1959); Woodley Lane, Inc. v. Nolen, 147 So. 2d 569 (Fla. 2d DCA 1962); State ex rel. Johnson v. Vizzini, 227 So. 2d 205 (Fla.1969). This result is further supported by the corollary principle that the last expression of legislative will is the law, and, therefore, that the last in point of time or…
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Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kerfert Butler Adams v. Culver, 111 So. 2d 665 (Fla. 1959)
- Inverness Coca-Cola Bottling Co. v. Lottie McDANIEL, 78 So. 2d 100 (Fla. 1955)
- Ideal Farms Drainage Dist. v. Certain Lands IN Said Dist. against which taxes have been assessed & Maurice Mountz, 154 Fla. 554 (Fla. 1944)
- Miller v. Miller, 96 So. 2d 538 (Fla. 1957)
- Producers Supply, Inc. v. Harz, 6 So. 2d 375 (Fla. 1942)
- L. B. McLeod Constr. Co. v. State, 106 Fla. 805 (Fla. 1932)