E. J. WINTER, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, APPELLANT,
v.
CLAYTON C. CURTIS ET AL., APPELLEES
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PER CURIAM.
Plaintiff-appellant seeks review of the trial court’s order dismissing plaintiff’s amended complaint for improper venue.
The trial court having determined (1) that defendant Curtis, the only defendant served in this action, did not reside in Dade County, and (2) that no allegations in the complaint made it appear that any cause of action accrued in Dade County, we conclude the trial court was correct in dismissing the subject complaint for improper venue with leave to re file same in Alachua County, the residence of defendant Curtis, or such other county that plaintiff would choose. See § 47.011, Fla.Stat., F.S.A. and Larson v. Cooper, Fla.1954, 75 So. 2d 757; Florida Real Estate Commission v. Bodner, Fla.1954, 75 So. 2d 290.
Accordingly, the order herein appealed is affirmed.
Affirmed.
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Citator
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Norris H. Barr v. Barr, 343 So. 2d 1326 (Fla. 3d DCA 1977)…y in which the parties were last present with a common intent to remain married. In our opinion, this holding is dispositive of the venue issue in this case, and we find that the only county in which venue is proper is Broward. See Winter v. Curtis, 311 So. 2d 815 (Fla. 3d DCA 1975), and Auritt v. Auritt, 334 So. 2d 68 (Fla. 3d DCA 1976). Therefore, the trial court erred in denying the husband’s motion to transfer to Broward County, and we reverse. This cause is remanded to the trial court with directions to…
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Evans v. Boggess, 352 So. 2d 590 (Fla. 3d DCA 1977)…nue. We are of the opinion that appellants’ motion to dismiss for improper venue should be treated as a motion to transfer and that the trial court improperly denied the motion. See Barr v. Barr, 343 So. 2d 1326 (Fla. 3d DCA 1977); Winter v. Curtis, 311 So. 2d 815 (Fla. 3d DCA 1975); Allen v. Summers, 273 So. 2d 13 (Fla. 3d DCA 1973); and Sections 47.011 and 47.051, Florida Statutes (1973). Therefore, the order appealed is reversed and, pursuant to Fla.R.Civ.Pro. 1.060, appellees may select the county to whi…
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Perkins v. Santa Cruz Constr., Inc., 473 So. 2d 801 (Fla. 5th DCA 1985)…events occurred in Okaloosa County. Even if the record were unclear as to the place of delivery of the affidavit, the failure of the plaintiff to properly show venue would result in a transfer to the residence of the defendant. See Winter v. Curtis, 311 So. 2d 815 (Fla. 3d DCA 1975). Accordingly, we reverse the lower court’s denial of Perkins’ motion for transfer of venue, and [*803] remand for transfer of this cause by the lower court to Okaloosa County. REVERSED and REMANDED. ORFINGER and FRANK D. UP-CHUR…
Authorities Cited
- Fla. Real Est. Comm'n v. State, 75 So. 2d 290 (Fla. 1954)
- Larson v. Cooper, 75 So. 2d 757 (Fla. 1954)