RYDER LEASING, INC., APPELLANT,
v.
MARY JORGE, APPELLEE
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The court held that the trial court erred in dismissing the complaint for improper venue, as venue was proper in Dade County.
Plaintiff sued for monies due on a written agreement accepted and initially paid in Dade County. Demands for payment were made in Dade County before t…
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By this appeal, the appellant [plaintiff in the trial court] seeks review of an order of the trial judge dismissing its complaint for improper venue, the defendant residing in Hillsborough County. We reverse.
It is apparent from the record on appeal that the action was seeking recovery of monies due on a written agreement. The contract in question was originally accepted in Dade County, Florida. The first payment thereunder was made in Dade County, Florida. The contract was then subsequently assigned to a third party, who maintained offices both in the State of New York and in Dade County, Florida. Payments were made subsequent to the assignment, but the place of payment is not disclosed. However, prior to the institution of the instant action, the contract was reassigned to the appellant and thereafter several demands were made for payment of the sums due under said agreement in Dade County, Florida. Upon payment not being made, the instant action was commenced. Appropriate affidavits of good faith, pursuant to § 46.01, Fla.Stat., 1961, *549F.S.A., were filed at the time of the institution of the suit and it appears that the plaintiff was entitled to bring its action in the county wherein the sums due under the agreement were to be paiá. See: Williams v. Aeroland Oil Company, 155 Fla. 114, 20 So.2d 346; M. A. Kite Company v. A. C. Samford, Inc., Fla.App.1961, 130 So.2d 99; Duggan v. Tomlinson, Fla.App. 1964, 167 So.2d 2.
Even if the trial judge had been correct in determining that the proceeding had been commenced in the wrong venue, pursuant to § 46.01, Fla.Stat., F.S.A., upon such a determination he was authorized to transfer the case to the appropriate forum and not dismiss the cause. See: Reed Construction Corporation v. State Road Department, Fla.App.1964, 165 So.2d 816; Foy v. State Road Department, Fla.App. 1964, 166 So.2d 688; § 53.17, Fla.Stat., F.S.A.
Therefore, for the reasons stated above, the order here under review is reversed with directions to reinstate the cause.
Reversed with directions.
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Mendez v. George Hunt, Inc., 191 So. 2d 480 (Fla. 4th DCA 1966)…ers Supply, Inc. v. Harz, 1942, 149 Fla. 594, 6 So. 2d 375; Williams v. Aeroland Oil Co., 1944, 155 Fla. 114, 20 So. 2d 346; Duggan v. Tomlinson, Fla.App.1964, 167 So. 2d 2, affirmed, Fla., 174 So. 2d 393; Ryder Leasing, Inc. v. Jorge, Fla.App.1964, 168 So. 2d 548. This rule is uniformly applicable in determining the place where the cause of action accrues when the action is based upon a failure or refusal to pay money due one of the parties to an executed contract M. A. Kite Co. v. A. C. Samford, Inc., Fla.A…
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Franklin v. Sherwood Park, Ltd., Inc., 380 So. 2d 1323 (Fla. 3d DCA 1980)…on to dismiss for lack of personal jurisdiction and (2) denied the defendants’ alternative motion to abate for improper venue. The motion to abate for improper venue should have been treated as a motion to transfer. See Ryder Leasing, Inc. v. Jorge, 168 So. 2d 548 (Fla. 3d DCA 1964). At oral argument, the defendants conceded that the point on personal jurisdiction had become moot because of subsequent personal service upon them. The plaintiffs’ action sought to enforce a contract to convey title to real pro…
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Carter v. Fleming, 567 So. 2d 535 (Fla. 1st DCA 1990)…aled order is reversed and the cause remanded with directions to treat the motion to abate the action for improper venue as a motion to transfer, Franklin v. Sherwood Park, Ltd. Inc., 380 So. 2d 1323 (Fla. 3d DCA 1980); Ryder Leasing, Inc. v. Jorge, 168 So. 2d 548 (Fla. 3d DCA 1964), and transfer the action in accordance with Rule 1.060, Fla.R.Civ.P. (1990), to Duval County. REVERSED AND REMANDED. SHIVERS, C.J., and JOANOS, J., concur. . For the purpose of arguing this issue, appellant assumed the accrual…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. Aeroland OIL Co., 155 Fla. 114 (Fla. 1944)
- M. A. Kite Co. v. A. C. Samford, Inc., 130 So. 2d 99 (Fla. 1st DCA 1961)
- FOY v. State Rd. Dep't of the State of Fla., 166 So. 2d 688 (Fla. 3d DCA 1964)
- Reed Constr. Corp. v. State Rd. Dep't, 165 So. 2d 816 (Fla. 3d DCA 1964)
- Duggan v. Tomlinson, 167 So. 2d 2 (Fla. 1st DCA 1964)