THE FIRST STATE BANK OF MIAMI, A FLORIDA CORPORATION, APPELLANT,
v.
PATRICK MCGROTTY AND LANSING J. ROY, APPELLEES
BOYER, Judge.
By interlocutory appeal the Bank seeks review of an order of the trial court relating to change of venue. Clearly one of the counts of the complaint places venue in Alachua County from whence appellant seeks to have venue transferred. Appellant claims that count of the complaint to be without merit and urges that the trial court, as well as this court, should determine the merit of that count of the complaint incident to a determination of proper venue. Determination of the merits of a properly stated cause of action is to be determined at trial and not upon venue issue. Further, even were we inclined to test the merits of the second count of the complaint on appeal, which we are not, it nevertheless appears that appellees’ position is supported by Croker v. Powell, 115 Fla. 733, 156 So. 146 (1934) and M. A. Kite Company v. A. C. Samford, Inc., 130 So. 2d 99 (Fla. 1st DCA 1961).
AFFIRMED.
McCORD, C. J., and MASON, ERNEST E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Pier Point Developers, L.L.C. v. Whitelaw, 912 So. 2d 18 (Fla. 4th DCA 2005)…trial court made no express findings in regard to the tort claims, but we find, to the extent they are viable, venue is proper for them in Broward County and the trial court erred in ruling otherwise. See First State Bank [*21] of Miami v. McGrotty, 354 So. 2d 1273, 1274 (Fla. 1st DCA 1978) (holding that where allegations of complaint place venue in county where action is brought, merits of a properly stated cause of action are to be determined during the proceedings and not upon resolution of venue issue). R…
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Kirchhoff v. Scott, 736 So. 2d 786 (Fla. 2d DCA 1999)…court did not dismiss the count requesting partition. The merits of the partition action cannot and have not been resolved by the transfer order. It was error to transfer the case under these circumstances. See First State Bank of Miami v. McGrotty, 354 So. 2d 1273 (Fla. 1st DCA 1978) (where allegations of complaint place venue in county where action is brought, merits of a properly stated cause of action are to be [*788] determined at trial and not upon venue issue). We caution that our decision expresses no…
Authorities Cited
- Simmons v. State, 115 Fla. 733 (Fla. 1934)
- Jung H. Moon v. Ima-Park Place, LLC (Fla. 3d DCA 2021)
- M. A. Kite Co. v. A. C. Samford, Inc., 130 So. 2d 99 (Fla. 1st DCA 1961)