EDNA GEORGE, APPELLANT,
v.
ALFRED GUSTINGER, JR., APPELLEE
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In this interlocutory appeal, the Third District Court of Appeal reversed the trial court's denial of a venue transfer motion, holding that a declaratory judgment action seeking to establish title to real property located in Manatee County must be brought in that county, not in Dade County where the plaintiff filed suit.
The court held that the trial court erred in denying the venue transfer. Regardless of how the action was labeled, it was in substance a quiet title action and therefore must be brought in the county where the land lies—Manatee County.
[1] An action to quiet title to real property must be brought in the county where the land lies.
[2] A complaint seeking a declaration of clear title to real property constitutes a suit to quiet title for venue purposes.
Previewing 2 of 3 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“After carefully reviewing the allegations contained in the complaint in conjunction with the relief sought by appellee, it is our opinion that the trial judge erred in not transferring the case to the Circuit Court of Manatee County.”
Establishes the court's conclusion that venue was improper in Dade County
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Join FLexlaw to unlock all legal intelligenceThe defendant (appellant) transferred real property located in Manatee County to the plaintiff (appellee) as payment for legal services. The plaintiff…
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HENDRY, Chief Judge.
Appellant, defendant below, brings this interlocutory appeal from an order of the trial court which, inter alia, denied her “amended motion to abate” for improper venue.
Appellee, plaintiff below, filed a complaint for declaratory judgment in the Circuit Court of Dade County, in which he sought a determination of his rights in certain real property located in Manatee County which was given to him by appellant as payment for legal services furnished to one Fred John Roti. Appellant, by motion, sought to have venue transferred to the Circuit Court of Manatee County on the ground that the complaint filed by appellee was, in substance, a suit to quiet title to the realty. The trial court denied the motion and this appeal follows.
After carefully reviewing the allegations contained in the complaint in conjunction with the relief sought by appellee, it is our opinion that the trial judge erred in not transferring the case to the Circuit Court of Manatee County.
While appellee, relying upon the case of Croker v. Powell, 115 Fla. 733, 156 So. 146 (1934), contends that the gravamen of the complaint is a determination of his rights to certain real property resulting from a breach of an employment contract which allegedly occurred in Dade County, the allegations of the complaint reveal that by virtue of a prior transfer made by appellant, appellee already has record title to the property.
In addition, the relief prayed for by appellee is clearly of the kind sought in quiet title actions, to-wit:
“WHEREFORE, the plaintiff petitions the Court for declaratory judgment as follows:
“1. That the Plaintiff herein be declared to have clear title to said property in accordance with Exhibits A & B.”
It is our opinion therefore, that the order appealed from must be reversed and remanded with directions to transfer the cause to the Circuit Court of Manatee County, in accordance with the rule that actions to quiet title must be brought in the county where the land lies. Hendry Corporation v. State Board of Trustees of Internal Improvement Trust Fund, 313 So. 2d 453 (Fla.2d DCA 1975).
Reversed and remanded with directions.
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Citator
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Windsor v. Crescent A. Migliaccio, 399 So. 2d 65 (Fla. 5th DCA 1981)…uckie v. McCall Mfg. Co., 153 So. 2d 311 (Fla. 1st DCA 1963). A suit for declaratory relief does not itself constitute a “cause of action” for venue purposes; rather, some underlying justification for laying venue must be shown. George v. Gustinger, 350 So. 2d 574 (Fla.3d DCA 1977). Thus, on this ground, venue would lie in the county of defendant’s residence, since no invasion of plaintiff’s legal rights are shown to have occurred in Volusia County. The order denying appellant’s motion to change venue is rev…
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The Bd. OF Trs. OF the Internal Improvement Tr. Fund OF the State of Fla. v. Mobil OIL Corp., 455 So. 2d 412 (Fla. 2d DCA 1984)…on is local to the circuit in which the land lies. Lakeland Ideal Farm & Drainage District. See also Georgia Casualty Co. v. O’Donnell, 109 Fla. 290, 147 So. 267 (1933); Largo Land Co. v. Skipper, 98 Fla. 541,123 So. 915 (1929); George v. Gustinger, 350 So. 2d 574, 575 (Fla. 3d DCA 1977); Hendry Corp. v. State Board of Trustees of the Internal Improvement Trust Fund, 313 So. 2d 453 (Fla. 2d DCA 1975).5 The local action rule in Florida is one of subject matter jurisdiction, not venue, although the Trustees su…
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State v. Antioch Univ., 533 So. 2d 869 (Fla. 1st DCA 1988)…the land as a result of DNR’s actions. A suit for declaratory relief does not of itself constitute a cause of action rather, one must look to the underlying relief sought. Soowal v. Harden, 452 So. 2d 625 (Fla. 3d DCA 1984). In George v. Gustinger, 350 So. 2d 574 (Fla. 3d DCA 1977), the plaintiff sought a determination of his rights to certain real property, arguing that the gravamen of the complaint was a determination of his rights to the property resulting from breach of an employment contract. However, t…
Authorities Cited
- Simmons v. State, 115 Fla. 733 (Fla. 1934)
- Jung H. Moon v. Ima-Park Place, LLC (Fla. 3d DCA 2021)
- Hendry Corp. v. State of Fla. Bd. OF Trs. OF the Internal Improvement Tr. Fund, 313 So. 2d 453 (Fla. 2d DCA 1975)