AQUACO, INC., A CORPORATION, APPELLANT,
v.
NORMA HOPKIN D/B/A TROPICAL FISH WAREHOUSE AND NORTHWEST MIAMI TROPICAL WHOLESALERS, INC., APPELLEES
PER CURIAM.
Aquaco, Inc., plaintiff in the trial court, appeals from an order granting defendants’ motion to transfer, which motion asserted the defense of improper venue. The sole question presented on this interlocutory appeal is whether the defendants waived their privilege of venue when they did not file a timely motion therefor or claim the privilege in their answer but asserted the venue privilege, apparently under § 47.011, Fla.Stat., by motion filed subsequent to the answer. We hold that defendants’ privilege of venue is deemed waived. Brennan v. Brennan, Fla.App. 1966, 192 So. 2d 782; Singer v. Tobin, Fla.App.1967, 201 So. 2d 799; Fixel v. Clevenger, Fla.App.1973, 285 So. 2d 687.
The trial court’s order of transfer is reversed.
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MacDONALD v. MacDONALD, 444 So. 2d 531 (Fla. 1st DCA 1984)…ial court granted his motion, and this appeal ensued. It has long been held that the failure to raise improper venue prior to or contemporaneously with the answer results in a waiver of that privilege. Fla.R.Civ.P. 1.140(h); Aquaco, Inc. v. Hopkin, 323 So. 2d 678 (Fla. 3d DCA 1975). Here, however, the husband contends that the wife’s amended petition, in particular her request for an award of the marital home as lump sum alimony, so substantially changes the cause of action as to revive his privilege to obje…
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Valle v. Mador, 478 So. 2d 416 (Fla. 3d DCA 1985)…onstituted a waiver of his venue privileges. Waiver of venue occurs only when a defendant fails to assert the privilege in a responsive pleading or in a timely motion, Finkelstein v. Godard, 404 So. 2d 831 (Fla. 3d DCA 1981); Aquaco, Inc. v. Hopkin, 323 So. 2d 678 (Fla. 3d DCA 1975); Fla.R.Civ.P. 1.140(h), or by stipulation, agreement, or consent. Ringling Bros. Barnum & Bailey Combined Shows, Inc. v. State, 295 So. 2d 314, 316 (Fla. 1st DCA), cert. denied, 303 So. 2d 644 (Fla.1974). Mador filed a timely moti…
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TIP TOP Enters., Inc. v. Summit Consulting, 905 So. 2d 201 (Fla. 3d DCA 2005)…no grounds, specifically, particularly, or otherwise in its answer regarding Tip Top’s venue selection, opting instead for a subsequently filed motion for change of venue. As the rule makes clear, the defense was waived. See Aquaco, Inc. v. Hopkin, 323 So. 2d 678, 679 (Fla. 3d DCA 1975)(finding that the defendants waived their venue privilege when “they did not file a timely motion therefor or claim the privilege in their answer but asserted the venue privilege ... by motion filed subsequent to the answer”);…
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- Fixel v. Clevenger, 285 So. 2d 687 (Fla. 3d DCA 1973)
- Singer v. Tobin, 201 So. 2d 799 (Fla. 3d DCA 1967)
- Brennan v. Brennan, 192 So. 2d 782 (Fla. 3d DCA 1966)