OMER HENRY, APPELLANT,
v.
LEMAC BUILDERS, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1971-02-09
No. 70-1070
Before PEARSON, C. J., and BARK-DULL and HENDRY, JJ.
245 So. 2d 115 Florida District Court of Appeal, Third District (1971) Negative Treatment
Cited by 6 cases
Topics
Venue

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This interlocutory appeal presents a question of venue. The appellant urges that the proper venue is Orange County where the defendant resides or Brevard County where the lease arose. The lease sets forth that the rent is to be paid in Dade County; therefore, an action to recover rent may be brought in Dade County. Williams v. Aeroland Oil Co., 155 Fla. 114, 20 So.2d 346 (1944); M. A. Kite Co. v. A. C. Samford, Inc., 130 So.2d 99 (Fla.App.1961).

Appellant also attempts to present a question as to the pendency of a prior suit on the same cause of action but that point is not supported by the record. We expressly decline to pass on the point. It must appear from the record that the trial court had an opportunity to rule upon the issue for this court to undertake a consideration of the point. Permenter v. Bank of Green Cove Springs, 136 So.2d 377 (Fla.App.1962).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • McCORMICK Mach., Inc. v. Julian E. Johnson & Sons, Inc., 523 So. 2d 651 (Fla. 1st DCA 1988)
    …ine to do so. First, under well established rules of appellate procedure this issue should first be addressed to the trial court for a ruling after appropriate briefing and argument. In Re Beverly, 342 So. 2d 481 (Fla.1977); Henry v. LeMac Builders, 245 So. 2d 115 (Fla. 3d DCA 1971). Secondly, neither party on appeal has argued this case in the light of the applicable law as found by this court. Under these circumstances, we are compelled to reverse and remand for further proceedings. Because of the necessit…
  • Mirabal v. State, 553 So. 2d 1297 (Fla. 3d DCA 1989)
    …of Revenue v. Rudd, 545 So. 2d 369 (Fla. 1st DCA 1989); Markham v. Hinckley, 544 So. 2d 1139 (Fla. 4th DCA 1989); Hirsch v. Crews, 494 So. 2d 260 (Fla. 1st DCA 1986); Clark v. Cook, 481 So. 2d 929 (Fla. 4th DCA 1985); Henry v. Lemac Builders, Inc., 245 So. 2d 115 (Fla. 3d DCA 1971); Miami Super Cold Co. v. Giffin Industries, Inc., 178 So. 2d 604 (Fla. 3d DCA 1965). Affirmed.…
  • Prahl v. Wyatt Johnson, 323 So. 2d 682 (Fla. 3d DCA 1975)
    …eedings, it would not divest the court of jurisdiction. The rent was payable in Dade County, therefore, the cause of action arose in Dade County. See Croker v. Powell, 1934, 115 Fla. 733, 156 So. 146; and Henry v. Lemac Builders, Inc., Fla.App.1971, 245 So. 2d 115. The trial judge erred in dismissing the complaint and the order appealed is reversed with directions to proceed with the cause. Reversed and remanded.…

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