CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9889, 2010 WL 2675239
...See Roberts; Greene; Pricewaterhouse. Because at least one of the counts alleged is sufficient to show that venue is proper in Palm Beach County, the court would have erred in dismissing it or transferring the complaint to another venue based upon improper venue. See § 47.041, Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
Fla. 338,
16 So. 280; 25 Fla.Jur., Pleadings, § 47; 41 Am.Jur., Pleadings, § 78; 71 C.J.S. Pleadings
CopyCited 11 times | Published | Florida 5th District Court of Appeal
...A cause of action for breach of contract accrues in the county where the contract is breached. Windsor v. Migliaccio,
399 So.2d 65, No. 80-670 (Fla. 5th DCA May 27, 1981). However, when there are several causes of action suit may be brought in any county where any of the causes of action arose. §
47.041, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1999 WL 625556
...nd holding of real property in Polk County. In response to the motion to dismiss, appellant stated that the cause of action based on Knight's execution of a false certificate in Broward accrued in Broward, and that, therefore, under Florida Statutes section 47.041, venue in Broward was proper for all counts of the complaint....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...defendant resides." Dr. Courtney resides in Hillsborough County where the action was brought. There is no restriction upon the joinder of several causes of action merely because the alleged negligence arose in different counties. This is set out in Section 47.041, Florida Statutes 1967, F.S.A., which provides: "47.041 Actions on Several Causes of Action....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12515, 2011 WL 3477081
...ard. If the plaintiff alleges several causes of action, venue is appropriate "`in any county where any of the causes of action arose.'" McDaniel Reserve Realty Holdings, LLC v. B.S.E. Consultants, Inc.,
39 So.3d 504, 510 (Fla. 4th DCA 2010) (quoting §
47.041, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 894
..., accrued in Columbia County, due to his injuries being *410 sustained in that county. We agree that venue in Columbia County is proper. Suits involving several causes of action "may be brought in any county where any of the causes of action arose." § 47.041, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 371378
...between Hemingway's accident with Bresney and her subsequent accident involving Lewinstein. The trial court granted the motion and found that the proper venue for the claim against Bresney was in the Ninth Circuit. This appeal followed. According to section 47.041, Florida Statutes (1995): Actions on several causes of action may be brought in any county where any of the causes of action arose....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 487
...Interval Marketing filed a motion for change of venue pursuant to its agreement with Sea Club IV. The trial court denied the motion and this appeal ensued. Sea Clubs IV and V, as plaintiffs, had the right to initially choose venue in Sarasota County where one of the causes of action arose. See § 47.041, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 4980, 1993 WL 143952
...[4] Thus, in this case, venue was "proper" in Orange County, because counts three and four were joined with counts one and two, and Orange County is the designated venue for those counts. *868 However, even though venue may be "proper" in Orange County pursuant to section
47.041, venue can be changed pursuant to section
47.122, [5] the "forum nonconveniens" statute....
...But, there is no reason counts three and four must be held hostage to counts one and two. On remand, the trial judge may sever and transfer them for trial in Palm Beach County if he deems it "expedient" after all interested parties have been afforded an opportunity to present their respective positions to the court. Section 47.041....
...AFFIRMED in part; REVERSED in part; and REMANDED. DIAMANTIS and THOMPSON, JJ., concur. NOTES [1] §
47.122, Fla. Stat. (1991). [2] Count I is for injunctive relief based on a noncompete provision in the contract; count II is for breach of the contract. [3] §
47.041, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 21757
...In either event, in addition to the cause of action in count two for the reestablishment of a private paper, the complaint states a cause of action for money due but unpaid and, under both count one and count three the sellers allege that the money due them was to have been paid in Lake County. [3] Under section 47.041, Florida Statutes (1981), where two or more joined causes of action accrue in different counties, venue may be laid in any of such counties....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1990 WL 149811
...ellees admit, arose in Dade County under the rules stated in Tucker v. Fianson,
484 So.2d 1370 (Fla. 3d DCA 1986), review denied,
494 So.2d 1153 (Fla. 1986) and Saf-T-Clean, Inc. v. Martin-Marietta Corp.,
197 So.2d 8 (Fla. 1967). Since this is true, section
47.041, Florida Statutes (1989), which provides that [a]ctions on several causes of action may be brought in any county where any of the causes of action arose, requires the determinations that Dade County was the proper venue for the entire counterclaim and that the order transferring the cause therefore cannot stand....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 15618, 2009 WL 3320202
...Even had Hillsborough County been a proper venue for the breach of fiduciary duty claim, under a theory of nominal damages, because Mrs. Rocco could properly elect to bring the action in Manatee County, where the professional negligence claim accrued, the trial court erred in transferring venue. See §
47.041 ("Actions on several causes of action may be brought in any county where any of the causes of action arose."); Ivey,
502 So.2d at 23....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1996 WL 728371
...The Osbornes do not contest the validity of the venue provision in the construction contract, but contend that they are not proceeding on that contract. They contend that even if one of their causes of action arose from or related to the construction contract, the action should proceed in Hillsborough County, pursuant to section 47.041, Florida Statutes (1993), because at least one of the causes of actions did not arise out of or relate to the construction contract....
...y the appellant was to replace what the Osbornes contended was defectively installed ceramic tile. The Osbornes argue that count II of their complaint was based upon this written agreement and not the construction contract and therefore, pursuant to section 47.041, they could elect to bring the entire action in Hillsborough County....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 16707
...ere the cause of action accrued, or where the property in litigation is located.”. Where multiple defendants . reside in different counties, an action may be brought “in any county in which any defendant resides.” §
47.021, Fla. Stat. (2015). Section
47.041, Florida Statutes (2015) provides that “[a]ctions on several causes of action may be brought in any county where any of the causes of action arose....
...It did not contest or question Logan’s place of residence in the trial court. Attorney Logan is a defendant and witness in this case on both counts. His residence alone would support venue in Palm Beach County. If venue lies in Palm Beach County for any of the counts asserted, it will lie for the others, as provided by section 47.041, Florida Statutes (2015)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 824906
...ccrued. However, section
47.011 refers to only an individual defendant and a single cause of action. In the case before us, there are two defendants and two causes of action that accrued in different counties. Next, Ms. Ferrell urges us to find that section
47.041 controls because her case involves multiple causes of action. Section
47.041 provides: Actions on several causes of action may be brought in any county where any of the causes of action arose. When two or more causes of action joined arose in different counties, venue may be laid in any of such counties, but the court may order separate trials if expedient. In cases that have discussed section
47.041, the courts have upheld the plaintiff's choice of venue when the defendant is the same in both causes of action, e.g., Costner v....
...Perez argues that because AMEX has an agent in his county of residence, Palm Beach County is the proper venue. Both parties correctly construe the sections of chapter 47 on which each relies. Our review of Florida's venue law does not reveal that either section
47.021 or section
47.041 should trump the other when there are multiple defendants and multiple causes of action joined in one action. We do note, however, that section
47.041 includes a provision that would allow the court to order separate trials, a provision that is not contained in section
47.021....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1996 WL 106441
...The parties moved to dismiss or transfer venue, contending that there was no basis for jurisdiction in Dade County. The trial court granted the motion and this appeal follows. It is well settled that where a complaint contains multiple causes of action, venue is proper where any one of the causes of action arose. § 47.041, Fla.Stat....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11397
...In particular, she relies on the fact that appellant Fogarty Van Lines operates a route in Polk County. Although we agree with appellee’s contention that this lawsuit may be brought in any county wherein venue for one of the causes of action is properly laid, section 47.041, Florida Statutes (1981), we disagree with her conclusion that the federal count places venue in Polk County....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 5420, 1999 WL 247217
...Utilicore sufficiently alleged that at least one of its causes of action accrued in Miami-Dade County. Its proffer of evidence was accepted as true by the trial court and established the same point. That being so, venue was proper in Miami-Dade County and the court erred in granting the motion. See § 47.041, Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 14594, 1999 WL 993083
...The agreement here did not provide a place of payment. Therefore, Rayman must seek out Langdon to pay the debt. Because Langdon’s only office is located in Dade County, it is implied that the place of payment was Dade County. As such, venue for the claim of nonpayment properly lies in Dade County. Section 47.041, Fla....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19431
2d 906, 907 (Fla. 3d DCA 1982). Concededly, Section
47.041, Florida Statutes (1981), creates an exception
CopyPublished | Florida 6th District Court of Appeal
...t 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.”); § 47.041 (“Actions on several causes of
action may be brought in any county where any of the causes of action arose.”)....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 704043
...The trial court offered Southern Heritage the option of severing count five for trial in Polk County. See Perez,
932 So.2d at 391 (citing James A. Knowles, Inc. v. Imperial Lumber Co.,
238 So.2d 487, 488 (Fla. 2d DCA 1970)) (explaining that section
47.021, Florida Statutes (2005), gave defendant a venue privilege and section
47.041, Florida Statutes (2005), allowed trial court to order separate trials)....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 609, 1989 Fla. App. LEXIS 1158, 1989 WL 20706
...e action for negligence (accruing in Broward County). It is well settled law that where there is a multiplicity of causes of action joined and venue is proper in more than one county, the plaintiff has the initial choice of forum. We affirm based on section 47.041, Florida Statutes (1987)....
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 699, 1986 Fla. App. LEXIS 6962
County. We affirm. Appellant contends that section
47.041, Florida Statutes (1983) permits her to file
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15121
provisions of the removed section survived to become §
47.041, Fla. Stat. (1975). Accordingly, the line of Florida
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 6883
...§
47.011 (1973) states: “Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents.” Fla.Stat. §
47.041 (1973) specifically provides that: “Actions on several causes of action may be brought in any county where any of the causes of action arose....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6204
interference with a contractual relationship. §
47.041, Fla.Stat., F.S.A., provides: “Actions on several
CopyPublished | Florida 3rd District Court of Appeal
...2d 530, 532 (Fla. 4th DCA 1996)).
Section
47.011, Florida Statutes, provides a civil action “shall be brought only
in the county where the defendant resides, where the cause of action accrued, or
where the property in litigation is located.” Section
47.041, Florida Statutes, further
allows:
[a]ctions on several causes of action may be brought in any county
where any of the causes of action arose....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 20538, 2005 WL 3555844
...These principles were expressed in Carbone as follows: As a general proposition, if a plaintiff sues several defendants so that venue can be laid in more than one county, the action may be brought in any county where any of the causes of action can be brought or any of the defendants can be sued. §§
47.021,
47.041, Fla....
...This is an essential necessity for venue under the statute, which presupposes that at least one of the defendants resides in the county in which suit was brought. Ace alternatively argues that venue against A-Ryan nonetheless exists in Lake County under section 47.041, Florida Statutes (2002): 47.041 Actions on several causes of ac tion....
...ent. Based on this provision, Ace apparently theorizes that because Ary agreed to venue in Lake County under the non-compete agreement, it was also entitled to bring its claims against A-Ryan in Lake County. The problem with Ace’s argument is that section 47.041 provides for venue in “any county” where any of individual “cause of action arose.” Here, of course, no cause of action actually arose in Lake County; all of the causes of action arose in Orange and/or Seminole County....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 4871, 2011 WL 1327686
...he Hightowers’ choice of venue was improper. Although the Estate did present the affidavit of the personal representative properly challenging venue as to the Estate, it completely failed to address venue as to the allegations against Woodmen. See § 47.041, Fla....
CopyPublished | Florida 4th District Court of Appeal | 1991 Fla. App. LEXIS 3539, 1991 WL 55431
...We recognize that plaintiff properly brought this single cause of action in Palm Beach County. §
47.011, Fla.Stat. However, plaintiff might have brought this cause of action in Orange County had plaintiff joined it with the foreclosure action there. §
47.041, Fla....
