THE FLORIDA ELECTIONS COMMISSION, MARY L. SINGLETON AND THE HONORABLE BRUCE A. SMATHERS, APPELLANTS,
v.
RONALD K. SMITH, NELSON RESNICK AND GENE MIXSON, APPELLEES
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A trial court that transfers venue loses jurisdiction to rule on the merits of the case, so orders addressing the merits entered after a venue transfer must be vacated.
Once a trial court transfers venue, it may not rule on the merits of the cause, though it may continue to control procedural matters until the transferee court acquires jurisdiction.
[1] A trial court that transfers venue of an action retains authority only over continuing and procedural matters, not over the merits of the cause, until jurisdiction is eff…
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Join FLexlaw to unlock all legal intelligenceThe trial court transferred venue on May 4, 1977, but then entered two subsequent orders on May 24 and June 6, 1977 that addressed the merits of the c…
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KEHOE, Judge.
Appellants, defendants below, bring this interlocutory appeal from two orders of the trial court dated May 24 and June 6, 1977, entered after it had previously entered an order dated May 4, 1977 transferring venue of the cause to another judicial circuit. We have concluded that the orders appealed were improperly entered; therefore, they are vacated.
Once a trial court transfers venue of an action to another court, the transferring court may not then rule upon the merits of the cause, although it may continue to control certain continuing and procedural matters of the action until jurisdiction is effectively vested in the transferee court. Ven-Fuel v. Jacksonville Electric Authority, 332 So. 2d 81 (Fla.3d DCA 1976). In the instant case, we have reviewed the orders appealed and have concluded that each of them, in their totality, pertain to the merits of the cause. Therefore, pursuant to the principles set forth in Ven-Fuel, supra, we are of the opinion that the orders appealed should be vacated and the cause remanded for further proceedings not inconsistent with this opinion. We note that in Smith v. Florida Elections Commission, 351 So. 2d 424 (Fla.3d DCA 1977), we affirmed the May 4, 1977, order of the Dade County Circuit Court, Eleventh Judicial Circuit, transferring venue of the cause to the Second Judicial Circuit in and for Tallahassee, Florida.
Vacated and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vasilinda v. Lozano, 631 So. 2d 1082 (Fla. 1994)…extent a judge who has not been assigned to follow the case to the new venue may participate in the case between the time of the order changing venue and the time that the change of venue becomes effective. Compare Florida Elections Comm'n v. Smith, 354 So. 2d 965 (Fla. 3d DCA 1978), and Ven-Fuel v. Jacksonville Elec. Auth., 332 So. 2d 81 (Fla. 3d DCA 1975), with Kern v. Kern, 309 So. 2d 563 (Fla. 2d DCA 1975).…
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Raymond v. Wieneke, 479 So. 2d 754 (Fla. 3d DCA 1985)…tion. The law is well-settled in this district that a trial court may not transfer a case to another jurisdiction and simultaneously rule upon a motion to dismiss or any aspect of the merits of the cause. See Florida Elections Commission v. Smith, 354 So. 2d 965 (Fla. 3d DCA 1978); Ven-Fuel v. Jacksonville Electric Authority, 332 So. 2d 81 (Fla. 3d DCA 1975); Spalding v. Von Zamft, 180 So. 2d 208 (Fla. 3d DCA 1965); Reed Construction Corp. v. State Road Department, 165 So. 2d 816 (Fla. 3d DCA 1964). The mot…
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The Fla. Elections Comm'n v. Smith, 354 So. 2d 965 (Fla. 3d DCA 1978)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ven-Fuel v. Jacksonville Elec. Auth., 332 So. 2d 81 (Fla. 3d DCA 1975)
- Barnett Bank OF Winter Park v. Alford, 332 So. 2d 81 (Fla. 1st DCA 1976)
- The Fla. Elections Comm'n v. Smith, 354 So. 2d 965 (Fla. 3d DCA 1978)