JOHN MOTSINGER, JR., INDIVIDUALLY AND AS TRUSTEE, ET AL., APPELLANTS,
v.
E. B. MALONE CORPORATION, A FLORIDA CORPORATION, APPELLEE
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The court affirmed that venue was properly laid in Polk County where the cause of action accrued, even though the property at issue was located in Seminole County and the plaintiffs resided in Orange County, under Florida's venue statute allowing suit where the cause of action arose or property is located.
Venue is proper in the county where a cause of action accrued, even when the defendant is a nonresident and property in litigation is located elsewhere.
[1] When multiple causes of action arise in different counties, venue may be laid in any county where any cause of action arose, and the court may order separate trials if ex…
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Join FLexlaw to unlock all legal intelligenceE. B. Malone Corporation sold bedding to Equipment Planners, Inc. for delivery to a motel in Seminole County owned by appellants who reside in Orange …
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MANN, Chief Judge.
E. B. Malone Corporation sold bedding to Equipment Planners, Inc., a foreign corporation, for delivery to a motel in Seminole County owned by the appellants, who are residents of Orange County. A cause of action against Equipment Planners for breach of contract accrued in Polk County, the situs of this action. Additionally, foreclosure of a security interest in the property, now in Seminole County, is sought. The trial judge properly denied appellant’s motion to transfer the cause.
Fla.Stat. § 47.011 (1973) states:
“Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents.”
Fla.Stat. § 47.041 (1973) specifically provides that:
“Actions on several causes of action may be brought in any county where any of the causes of action arose. When two or more causes of action joined arose in different counties, venue may be laid in any of such counties, but the court may order separate trials if expedient.”
Cases in which venue is laid in a county other than that in which the cause of action accrued, thus giving rise to a claim of privilege on the part of defendants resident elsewhere in Florida, are inapplicable to the present case: Kauffman v. King, Fla.1956, 89 So. 2d 24; Enfinger v. Baxley, Fla. 1957, 96 So. 2d 538; cf. Bernhart v. Barrs, 1943, 152 Fla. 631, 12 So. 2d 576.
Affirmed.
HOBSON and BOARDMAN, JJ., concur.
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Crescent Beach, Inc. v. Jarvis, 435 So. 2d 396 (Fla. 5th DCA 1983)…iew den. 330 So. 2d 15 (Fla. 1976); Gorham Constr. Co. v. Superior Fertilizer and Chemical Co., 218 So. 2d 516 (Fla. 4th DCA 1969). . See Pearson v. Wallace Aviation, Inc., 400 So. 2d 50, 51 n. 3 (Fla. 5th DCA 1981); Motsinger v. E.B. Malone Corp., 297 So. 2d 839 (Fla. 2d DCA 1974); Costner v. Costner, 263 So. 2d 852 (Fla. 1st DCA 1972); Steinhardt v. Palm Beach Whitehouse No. 3, Inc., 237 So. 2d 590 (Fla. 3d DCA 1970); James V. Freeman, Inc. v. Chemical Packaging Corp., 189 So. 2d 410 (Fla. 1st DCA 1966).…
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Derrick & Assocs. Pathology, P.A. v. Gary V. Kuehl, M.D., 617 So. 2d 866 (Fla. 5th DCA 1993)…s, but the court may order separate trials if expedient. .See Pearson v. Wallace Aviation, Inc., 400 So. 2d 50 (Fla. 5th DCA 1981); Steinhardt v. Palm Beach White House No. 3, Inc., 237 So. 2d 590 (Fla. 3d DCA 1970); Motsinger v. E.B. Malone Corp., 297 So. 2d 839 (Fla. 2d DCA 1974). . Section 47.122 provides: Change of venue; convenience of parties or witnesses or in the interest of justice.— For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any…
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Harvey v. Loukas Mattes, 484 So. 2d 1382 (Fla. 5th DCA 1986)…ry Corp. v. State Bd. of Trustees of Internal Improvement Trust Fund, 313 So. 2d 453 (Fla. 2d DCA 1975). . See Pearson v. Wallace Aviation, Inc., 400 So. 2d 50 (Fla. 5th DCA 1981) (contract and tort causes of action); Motsinger v. E.B. Malone Corp. 297 So. 2d 839 (Fla. 2d DCA 1974) (breach of contract and foreclosure of security interest in personal property); Costner v. Costner, 263 So. 2d 852 (Fla. 1st DCA 1972) (modifications of separate maintenance decrees and dissolution); Steinhardt v. Palm Beach White…
Authorities Cited
- Miller v. Miller, 96 So. 2d 538 (Fla. 1957)
- Kauffman v. Annabel King, 89 So. 2d 24 (Fla. 1956)
- State v. Burton Barrs, 152 Fla. 631 (Fla. 1943)