ROGER BROWN, APPELLANT,
v.
FABRIC PRINTERS, INC., A FLORIDA CORPORATION, APPELLEE
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The appellate court affirmed the denial of a motion for a change of venue, holding that the trial court had sufficient grounds to determine that the cause of action accrued in Dade County, where the contract performance was alleged to have occurred.
No, the trial court did not err in denying the motion for a change of venue. There were sufficient grounds to determine that the cause of action accrued in Dade County.
“There were sufficient grounds for the trial judge to determine that the cause of action accrued, under Section 46.01, Florida Statutes, F.S.A., when the defendant allegedly breached his obligation to perform services which, it was reasonable to say, were to be performed in Dade County, Florida, under the term "other metropolitan areas."”
This quote explains the court's reasoning for affirming the denial of the change of venue, focusing on where the cause of action accrued.
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Join FLexlaw to unlock all legal intelligencePlaintiff, a Florida corporation, sued defendant, a resident of Broward County, for breach of contract. The complaint alleged that the contract requir…
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Defendant, Roger Brown, appeals an interlocutory order which denied his motion for a change of venue.
Plaintiff, a Florida corporation with its principal place of business in Dade County, sued defendant, a resident of Broward County, for breach of contract. Defendant challenged venue, with supporting affidavits and the trial court denied his motion.
Plaintiff appellee has failed to file a brief. See Am.Jur.2d Appeals, § 686, p. *487132. Nevertheless, the order appealed must he affirmed. Plaintiff’s complaint alleged that performance of the contract was to he in Dade County, Florida. The contract required the public relation services by the defendant to be performed in New York and “other metropolitan areas.”
There were sufficient grounds for the trial judge to determine that the cause of action accrued, under Section 46.01, Florida Statutes, F.S.A., when the defendant allegedly breached his obligation to perform services which, it was reasonable to say, were to be performed in Dade County, Florida, under the term “other metropolitan areas.”
For the reasons, we affirm the action of the trial judge in denying the motion for change of venue.
It is so ordered.