THE DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA, FOR THE USE AND BENEFIT OF WIREMOLD CO., A CORPORATION, APPELLANT,
v.
GULF CONTRACTING, INC., A FLORIDA CORPORATION AND THE TRAVELERS INDEMNITY COMPANY, A SURETY COMPANY, APPELLEES
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Wiremold Co., a Connecticut corporation that supplied materials for a school building in Pasco County, sought to sue a Florida contractor and its surety on a public improvement bond in Pasco County. The Florida District Court of Appeal affirmed the trial court's decision that venue was improper in Pasco County, holding that under Florida's venue statute governing corporate defendants, the cause of action accrued where payment was demanded (Connecticut), not where the materials were supplied.
Venue is improper in Pasco County. Under Florida Statutes Section 47.051, actions against domestic corporations must be brought in the county where the corporation has an office for customary business, where the cause of action accrued, or where property in litigation is located. Since neither defendant had an office in Pasco County, Wiremold had to establish that the cause of action accrued there, which it could not; instead, the cause of action accrued where payment was demanded—Connecticut.
[1] Venue for actions against corporations is governed by the statute specifying where the corporation has an office for the transaction of its customary business, where the…
[2] A cause of action on a public improvement bond accrues at the place where payment was demanded, not necessarily where materials were furnished.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located.”
The controlling venue statute that governs where suit against the contractor and surety must be brought.
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Join FLexlaw to unlock all legal intelligenceWiremold, a Connecticut corporation, supplied materials for school construction in Pasco County at the request of a subcontractor located in Hillsboro…
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SCHEB, Judge.
This interlocutory appeal concerns venue; specifically, whether a Connecticut corporation which furnishes materials for a school project in Pasco County can bring action in that county under a public improvement bond against a contractor incorporated in Florida and its surety, neither of which maintains offices within Pasco County. The trial court held such venue to be improper and transferred the cause of action to Sarasota County where the contractor maintains its offices for transaction of its customary business. We agree and affirm.
At the request of a subcontractor located in Hillsborough County, appellant Wire-mold, a Connecticut corporation, supplied materials for construction of a school building in Pasco County. The subcontractor defaulted in making payments to Wiremold. As use plaintiff, Wiremold sued the contractor and its surety on the bond furnished under Section 255.05, Florida Statutes.
The thrust of Wiremold’s contention is that as a non-Florida supplier, it should be allowed to bring suit on the bond in the county where it has furnished its materials. In this context, Wiremold’s contention is logical; however, this is a matter for legislative determination. Section 255.05, Florida Statutes, is not a venue statute. Rather, venue in respect to actions against corporations is governed by Section 47.051, Florida Statutes, which in relevant part provides:
Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located.
Faced with this statute, Wiremold recognizes that to sue the contractor in Pasco County, it must establish that the cause of action accrued there, since neither the contractor nor the surety has an office in that county.
Here, there was no privity between the general contractor and the appellant supplier. Rather, the appellant’s contractual rights are based solely on the bond required under the statute. Payment was demanded by Wiremold from its offices in Connecticut. This is the place where payment was required and where the cause of action accrued. See James A. Knowles, Inc. v. Imperial Lumber Co., 238 So. 2d 487 (Fla.2d DCA 1970); Lakeport Water Association v. David B. Smith Engineers, Inc., 257 So. 2d 588 (Fla. 1st DCA 1972). Wiremold is not prejudiced because even if it sued the subcontractor, ordinarily venue would have been in Hillsborough, rather than Pasco County.
Accordingly, the order of the trial court is affirmed.
HOBSON, A. C. J., and BOARDMAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- James A. Knowles, Inc. v. Imperial Lumber Co., Inc., 238 So. 2d 487 (Fla. 2d DCA 1970)
- Brown v. State, 257 So. 2d 588 (Fla. 1st DCA 1972)
- Lakeport Water Ass'n, Inc. v. David B. Smith Eng'rs, Inc., 257 So. 2d 588 (Fla. 1st DCA 1972)