JUNG H. MOON
v.
IMA-PARK PLACE, LLC
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An action for breach of a promise to pay may be maintained in the county where the payment was agreed to be made, as that is where the breach occurred and the cause of action accrued.
[1] For venue purposes in an action for breach of a promise to pay, the cause of action accrues in the county where the payment was agreed to be made, establishing proper ven…
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Join FLexlaw to unlock all legal intelligence“an action for a breach of the promise to pay may be maintained in the county where the payment was agreed to be made, for there the breach occurred and the cause of action accrued”
Citation to Morales Sand & Soil, L.L.C. v. Kendall Props. & Invs., 923 So. 2d 1229, 1232 (Fla. 4th DCA 2006)
Jung H. Moon appealed from a non-final order from the Circuit Court for Miami-Dade County concerning a dispute with IMA-Park Place, LLC involving venu…
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PER CURIAM.
Affirmed. See Morales Sand & Soil, L.L.C. v. Kendall Props. & Invs., 923 So. 2d 1229, 1232 (Fla. 4th DCA 2006) (“[A]n action for a breach of the promise to pay may be maintained in the county where the payment was agreed to be made, for there the breach occurred and the cause of action accrued . . . .”) (quoting Croker v. Powell, 156 So. 146, 151 (Fla. 1934)); State Dep’t of Transp. v. San Marco Contracting Co., 355 So. 2d 133, 134 (Fla. 1st DCA 1978) (“It is commonly understood that, for venue purposes, a cause of action accrues where the injury or default occurs, and that a default on a contract for the payment of money occurs where the money was to have been paid . . . .”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (63 total)
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M. A. Kite Co. v. A. C. Samford, Inc., 130 So. 2d 99 (Fla. 1st DCA 1961)…the possibility of suing in Columbia County, as the statute clearly permits, begs the question on the point of whether suit was maintainable in Volusia County. For the reasons stated, I respectfully dissent. . Croker v. Powell, 1934, 115 Fla. 733, 156 So. 146.…1 / 2
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James A. Knowles, Inc. v. Imperial Lumber Co., Inc., 238 So. 2d 487 (Fla. 2d DCA 1970)…o. 2d 609. .See, e. g., § 34 Fla.Jur., Venue, § 7, p. 11. . Id. at p. 12. See, also, Inverness Coca-Cola Bottling Co. v. McDaniel (Fla.1955), 78 So. 2d 100 and Greyhound Corp. v. Rosart (Fla.App. 3rd 1960), 124 So. 2d 708. . (1934), 115 Fla. 733, 156 So. 146. . (Fla.App. 1st 1961), 130 So. 2d 99. . Cf. Orlando Auto Auction, Inc. v. Crown Capital Corp. (Fla.App. 1st 1965), 171 So. 2d 30; see, also, Mendez v. George Hunt, Inc., (Fla.App. 4th 1966), 191 So. 2d 480. . Cf. B & F of Clearwater, Inc. v. Wes…
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Sailing W. Baruch v. W. B. Haggerty, Inc., 137 Fla. 799 (Fla. 1939)…h, resides in Dade County; and plaintiff corporation is domiciled in Hillsborough County. The contract did not state where it was to be performed. The suit was instituted in Hills-borough County. [*803] In the case of Croker v. Powell, 115 Fla. 733, 156 So. 146, 150, this Court said: “Where a contract involving the payment of money is made in one county and payments under the contract are to be made in another county, an action for a breach of the promise to pay may be maintained in the county where the p…
Previewing 3 of 63 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Morales Sand & Soil, L.L.C. v. Kendall Props. & Invs., 923 So. 2d 1229 (Fla. 4th DCA 2006)
- State v. SAN Marco Contracting Co., 355 So. 2d 133 (Fla. 1st DCA 1978)