EQUILEASE CORPORATION, A SUBSIDIARY OF ELTRA CORP., A NEW YORK CORPORATION, APPELLANT,

v.

DR. SAMUEL L. CLIFFORD AND JOSEPH BOBBA, D/B/A BROADWAY JOE'S, APPELLEES

Fla. 3d DCA | 1971-07-27

No. 71-438

Before SWANN, C. J., and HENDRY and BARKDULL, JJ.

251 So. 2d 40 Florida District Court of Appeal, Third District (1971) Positive Treatment

Cited by 6 cases

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Holding

The plaintiff has the option to choose the forum, and if the cause of action arises in a county, the plaintiff has a right to elect to proceed in that county's courts.

Facts & Procedural History

Plaintiff sued defendant for breach of a lease in Dade County. The defendant, a resident of Escambia County, moved to transfer venue based on his resi…

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Topics

Plaintiff'S Choice Of Forum Breach Of Lease Transfer Of Venue

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Opinion of the Court

BARKDULL, Judge.

Appellant, plaintiff in the trial court, seeks interlocutory review of an order of the trial court transferring venue of the cause to the Circuit Court, First Judicial Circuit in and for Escambia County, Florida. The action in the trial court sought damages for breach of a lease. The order reads in part as follows:

“This Court finds that the Defendant is a resident of Escambia County, Florida, and has a right under Florida Statute 47.011, F.S.A. to be sued in the County where he resides, and therefore the Defendant’s Motion to transfer be and the same is hereby granted.”

* ‡ * * ‡

This is error. The plaintiff has the option to choose the forum; not the de*41fendant. And, if the cause of action arises in Dade County, he has a right to elect to proceed in the courts of said County. See: Greyhound Corporation v. Rosart, Fla.App.1960, 124 So.2d 708, wherein the following is found:

“In Florida, the election of venue is with the plaintiff and although it may be more convenient to the defendant and possibly to the plaintiff that the action be prosecuted in another county or circuit, nevertheless, if the election is one which the plaintiff has properly exercised under the statute, then the election still remains his and not one which can be dictated by the defendant. * * * To hold otherwise would be to nullify the venue statute which gives the plaintiff the right to file his action in a particular place under certain specified conditions.”

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Therefore, the order here under review be and the same is hereby reversed with directions to proceed with the matter.1

Reversed and remanded, with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Cent. Bank OF N. Dade v. Prime Land Dev. Corp., 335 So. 2d 581 (Fla. 3d DCA 1976)

…sferred the cause to Broward County. See Mann v. Goodyear Tire and Rubber Company, Fla.1974, 300 So. 2d 666; First International Realty Investment Corporation v. Cochran, Fla.App.1975, 314 So. 2d 214; Equilease Corporation v. Clifford, Fla.App.1971, 251 So. 2d 40; and §§ 47.061, 47.122, and 47.163, Fla.Stat., 2 F.S.A. Therefore, for the reason stated and upon the authorities cited, the interlocutory order appealed is reversed. Reversed.…
Warren Bros. Co. v. Joslin, 338 So. 2d 855 (Fla. 3d DCA 1976)

…vacating its transfer order to Lee County thereby holding that Dade County is the proper forum to try the instant cause. First, the plaintiff has the option of choosing the forum, not the defendant. Equilease Corporation v. Clifford, Fla. App.1971, 251 So. 2d 40. Second, upon reading §§ 47.051 and 47.021, Fla.Stat.2 together, Dade County is a proper forum in that Ashland has an office in this county. [*857] Cf. Touchton v. Atlantic Coast Line Railroad Company, Fla.App.1963, 155 So. 2d 738. Third, we must re…
Marshall v. Upson, 343 So. 2d 648 (Fla. 3d DCA 1977)

…entered the order' herein appealed. The uncontroverted facts as alleged in the verified complaint — that the cause of action accrued and the attorney’s fees were to be paid in Dade County — support venue in Dade County. Equilease Corp. v. Clifford, 251 So. 2d 40 (Fla.3d D.C.A.1971); Ryder Leasing, Inc. v. Jorge, 168 So. 2d 548 (Fla.3d D.C.A.1964). In light of these verified allegations, appellee had the burden of establishing the absence of venue by specific averments, which the record reflects appellee did…

Authorities Cited

Greyhound Corp. v. Rosart, 124 So. 2d 708 (Fla. 3d DCA 1960)

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