CopyCited 48 times | Published | Supreme Court of Florida
...dent filed its interlocutory appeal. The District Court of Appeal, Third District, reversed, holding that the motion of transfer should have been granted. We reverse the District Court for reasons which will be set out below. It is clear that, under Section
47.051, Florida Statutes, [5] Petitioners had multiple *668 venue choices available to them and that they properly exercised their right of selection; that under Section
47.122, [6] Florida Statutes, the forum non conveniens statute, usually...
...of the parties reside, except by their consent." (Emphasis supplied.) [8] Ellis v. City of Winter Haven,
60 So.2d 620 (Fla. 1952). [9] Garner v. Ward,
251 So.2d 252 (Fla. 1971). [10] Howarth v. City of DeLand,
117 Fla. 692,
158 So. 294 (1934). [11] Section
47.051, Florida Statutes, supra, see Note 5....
CopyCited 27 times | Published | Florida 2nd District Court of Appeal | 1970 Fla. App. LEXIS 6010
...Imperial Lumber instituted this suit in Polk County and claims damages from Knowles for losses suffered on account of the failure of Carpentry, Inc. to pay it for credit extended in reliance upon the promise sued on. We turn first to the applicable venue statute, § 47.051, F.S.A., which provides in pertinent part: "Actions against domestic corporations shall be brought only in the county or district where such corporation has or usually keeps an office for transaction of its customary business, or where the...
CopyCited 26 times | Published | District Court, M.D. Florida | 49 U.C.C. Rep. Serv. 2d (West) 524, 2002 U.S. Dist. LEXIS 10190, 2002 WL 1257657
...to Dismiss, on all three counts, claiming the Blands failed to state a claim upon which relief could be granted. Alternatively, Freightliner requests the case be transferred to a different forum, because it claims a lack of jurisdiction pursuant to Section 47.051, Florida Statutes....
...s Warranty. Accordingly, Freightliner's motion to dismiss as to count three of the Blands' complaint is not well taken. II. Improper Venue Freightliner asserts that this action is improperly venued in Florida. In *1212 pertinent part, it argues that Section 47.051, Florida Statutes (2001), mandates an action involving a foreign corporation be brought in a county where the corporation has an agent or other representative....
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 1999 Fla. App. LEXIS 12141, 1999 WL 770736
...THE CAUSES OF ACTION FIRST ACCRUED IN ORANGE COUNTY Venue is proper in Pinellas County only if at least one of the three causes of action alleged in the complaint accrued in Pinellas County. See §§
47.011, .041, Fla. Stat. (1997). The plaintiff does not argue that PWC has an office or agents in Pinellas County. See §
47.051, Fla....
...The trial court came to the wrong legal conclusion in resolving the motion to transfer because it applied the wrong law to this case. The concept of "nexus" is not used to determine whether a tort action accrued in Pinellas County for purposes of venue under sections
47.011 or
47.051....
...conveniens grounds under section
47.122, Florida Statutes (1997), see Sullivan v. Klein,
691 So.2d 21 (Fla. 3d DCA 1997), or when the trial court is considering whether a corporation transacts business in a particular county for venue purposes under section
47.051, Florida Statutes (1997), see U-Haul Co....
CopyCited 20 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16408
...Erickson of Alley, Maass, Rogers, Lindsay & Chauncey, Palm Beach, for appellant. A.W. Nichols, III, Palatka, for appellee. BOYER, Judge. We here review by interlocutory appeal an order relating to venue. Few topics have been the subject of as much litigation. F.S. 47.051 provides three venue alternatives when a domestic corporation is the defendant....
...4th DCA 1966) and James A. Knowles, Inc. v. Imperial Lumber Co.,
238 So.2d 487 (Fla. 2nd DCA 1970). [3] Permenter v. Bank of Green Cove Springs,
136 So.2d 377 (Fla. 1st DCA 1962) and Coggin Pontiac, Inc. v. Putnam Auto Sales, Inc.,
278 So.2d 647 (Fla. 1st DCA 1973). [4] F.S.
47.051 provides in material part: "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." [5] Mendez v....
CopyCited 18 times | Published | Florida 4th District Court of Appeal
...ained damages. The defendant moved to dismiss the complaint or in the alternative to transfer the cause to Orange County, Florida, on the ground that Orange County not Brevard County was the proper venue under the pertinent venue statute, F.S. Section 47.051, F.S.A....
...State Road Department, Fla.App. 1964,
166 So.2d 688. In the present case the defendant's affidavit in support of the motion to dismiss, when considered in conjunction with the allegations in the complaint, made a prima facie showing that the proper venue under F.S. Section
47.051, F.S.A., was Orange County....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 17782
...inappropriate in the context of the venue statutes. [7] Accordingly, we reverse the order of the trial court transferring the case to Broward County. Reversed. NOTES [1] Fla.R.Civ.P. 1.420(a)(1)(i); Fears v. Lunsford,
314 So.2d 578 (Fla. 1975). [2] Section
47.051, Florida Statutes (1979), states: "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." (emphasis supplied)....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 10479, 1994 WL 588160
...The second exception is when venue is waived by statute. Trawick, Florida Practice and Procedure, § 5-2 (1993 ed.). See also Hedron,
420 So. 2d at 394 (holding that section
682.19 "which provides for venue in arbitration actions, displaces the general venue provisions of section
47.051.")....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...He also asserted that Speedling had always made delivery of its products to Mr. Krig at its place of business in Sun City. The court denied the motion for transfer of venue, and Speedling instituted this timely appeal. The applicable venue statute is Section 47.051, Florida Statutes (1977)....
CopyCited 11 times | Published | Florida 5th District Court of Appeal
...At the hearing before the lower court no testimony was taken. The decision to transfer was based on the lower court's conclusion that the cause of action "accrued" in Flagler County, not Orange, and that Volusia was a viable venue choice because the president of the corporate defendant resided there. Section 47.051, Florida Statutes (1979), gives a plaintiff three possible venue choices: the county in which the domestic corporate defendant "has, or usually keeps an office for transaction of its customary business, where the cause of action accrue...
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...id product would cause." Talquin filed a motion to abate or transfer to Gadsden County, the location of the Bassett farm, which motion the trial court granted. It is the order granting that motion which is the subject of this appeal. Florida Statute 47.051 provides that 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....
...corporation and has an office for transaction of its customary business in Leon County it necessarily follows that unless some other law prevails venue was properly selected by the plaintiff in Leon County. Talquin first urges that notwithstanding F.S. 47.051 the plaintiff's alleged cause is a "local action" as distinguished from a "transitory action" and that it may therefore be maintained only in Gadsden County, citing as authority Lakeland Ideal Farm & Drainage Dist....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 3158, 1997 WL 154643
...lorida, and sold at retail by Winn-Dixie, a Florida corporation with its corporate headquarters in Duval County. He seeks damages on the theories of negligence, strict liability, and civil conspiracy. Young selected venue in Duval County pursuant to section 47.051, Florida Statutes (1995). [2] The parties agree, however, that venue would be proper under section 47.051 in either Duval County or Putnam County, presumably because Winn-Dixie owns and operates grocery stores in both those counties....
...JOANOS and WOLF, JJ., concur. NOTES [1] Section
47.122 provides: For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought. [2] Section
47.051 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....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 7320, 2010 WL 2076989
...The burden then shifted to the Estate to prove that its venue selection was proper. The Estate met this burden by filing an affidavit attesting that most of the underlying events that led to the bad faith claim occurred in Palm Beach. AVIC filed its motion to dismiss or transfer venue pursuant to section 47.051, Florida Statutes (2008), which provides that "[a]ctions 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 cau...
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 16645
...defendant. Based on the unverified pleadings alone, the trial judge transferred venue because he "found" the contract was executed either in Dade County or Broward County, the bridge is in Broward County, and Broward is Powell's corporate residence. Section 47.051, Florida Statutes (1979), 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......
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1980 Fla. App. LEXIS 15465, 1981 A.M.C. 111
...Jax Drugs, Inc.,
138 So.2d 525 (Fla.1st DCA 1962). See Lovings v. Seaboard Coastline Railroad Co.,
340 So.2d 1279 (Fla.3d DCA 1977); Jacquin-Florida Distilling Co. v. Reynolds, Smith & Hills, Architects-Engineers-Planners, Inc.,
319 So.2d 604 (Fla.1st DCA 1975). Section
47.051, Fla....
...vidence either that appellant was not doing business in Florida, or that appellant was doing business in Florida and had an agent or representative in Hillsborough County. We are not able to find authority interpreting the phrase "doing business" in Section 47.051....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1992 WL 197882
...Inc. v. Powell Brothers, Inc.,
385 So.2d 161 (Fla. 5th DCA), review denied,
392 So.2d 1378 (Fla. 1980); see also Windsor v. Migliaccio,
399 So.2d 65 (Fla. 5th DCA 1981); James A. Knowles, Inc. v. Imperial Lumber Co.,
238 So.2d 487 (Fla.2d DCA 1970); §
47.051, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1975 Fla. App. LEXIS 15083
...Wesley Construction Co., Fla.App. 1970,
237 So.2d 790) or (b) that venue should be changed for some good reason under one or more of the sections of chapter 47, F.S. 1973. The immediate question we must decide is whether venue properly lies in Orange County. Section
47.051, F.S....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2107, 1988 Fla. App. LEXIS 4052, 1988 WL 93073
...and
713.24, Florida Statutes, venue for a suit claiming an interest in a payment bond is proper only in the county where the bond is recorded; and (2) whether the course of conduct between the parties in this case overcame the general presumption of section
47.051, Florida Statutes, that payment is to be made where the creditor resides....
...Absent an express agreement regarding venue, it appears that the general venue provisions of Chapter 47 are controlling with respect to sections
713.23 and
713.24. See Coordinated Constructors v. Florida Fill, Inc.,
387 So.2d 1006, 1007 (Fla. 3d DCA 1980); 3 S. Rakusin, Florida Mechanics' Lien Manual 67 (1974, Supp. 1984). Section
47.051, Florida Statutes (1985), which sets forth the venue provisions for actions against corporations, states: Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office...
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...corporation, where such corporation has, or usually keeps an office for transaction of its customary business; (b) Where the cause of action accrued; (c) Where the property in litigation is located. [9] It will be noted that in both F.S.
47.011 and
47.051 the legislature saw fit to employ the limiting word "only"....
...il action to any other court of record in which it might have been brought." We conclude that the concluding phrase of the last quoted statute "in which it might have been brought" refers to the three venue alternatives provided by F.S.
47.011 and F.S.
47.051 and is therefore a limitation upon the operation of F.S....
...proper." [12] Our reasoning that the legislature intended to limit change of venue for the convenience of the parties or witnesses or in the interest of justice to a court in another county "in which it might have been brought" under F.S.
47.011 or
47.051 is strengthened by the absence of any such limiting language in the general change of venue statute, F.S....
...Did the trial court err in transferring this case to Dade County pursuant to Florida Statutes §
47.122, where Dade County was not a county where the action `might have been brought'?" [7] The basis for application of F.S.
47.122. [8] See F.S.
47.011 and F.S.
47.051. [9] We are not here concerned with nonresident individuals (F.S.
47.011) nor are we concerned with an agent or representative of a foreign corporation (F.S.
47.051)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 19085, 2012 WL 5364650
...n; and there is no property involved in the litigation. See §
47.011, Fla. Stat. (2010) ("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."); §
47.051, Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1990 WL 95494
...st Burger King, a Florida corporation, based upon a death at a Pembroke Pines, Broward County, Burger King restaurant. The complaint contained no allegations regarding where defendant maintained its principal place of business. Defendant moved under Section
47.051, Florida statutes (1989), to dismiss on this ground or, alternatively, under Section
47.122, Florida Statutes (1989), to transfer venue to Broward County....
...At the hearing on the motion, plaintiff attempted to moot the motion to dismiss by agreeing to amend her complaint to allege that defendant's principal place of business was Dade County. The court denied the motion to transfer venue. This appeal follows. Venue in this case was properly laid, initially, in Dade County under Section 47.051 because the defendant is a domestic corporation with a Dade County office where it transacts its customary business....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 10, 1990 WL 78
...s one of the alternatives provided by statute, the plaintiff's selection will not be disturbed. Houchins v. Florida East Coast Ry.,
388 So.2d 1287 (Fla. 3d DCA 1980); Perry Bldg. Syss., Inc. v. Hayes & Bates, Inc.,
361 So.2d 443 (Fla. 1st DCA 1978). Section
47.051, Florida Statutes (1987), states: Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, *661 or where the property in litigation is located....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 462
...This timely interlocutory appeal by Tropicana followed. Tropicana raises two issues on appeal. We find merit in both. First, Tropicana argues that the trial court erred in denying the motion to dismiss for improper venue because Shirley's choice of venue is contrary to section 47.051, Florida Statutes (1985)....
...Tropicana is a foreign corporation (Delaware). As such, proper venue can be found by any one of three alternative methods: in a county where such corporation has an agent or other representative; where the cause of action accrued; or where the property in litigation is located. § 47.051, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...The trial court took the motion under advisement pending taking of a deposition. The court then denied the motion, and appellant brings this appeal. The issue is whether the trial judge erred in denying the motion to transfer venue. We conclude it did. When a domestic corporation is sued, section 47.051, Florida Statutes (1983), provides for venue in the county where the defendant corporation keeps an office, where the cause of action accrued, or where litigated property is located....
CopyCited 8 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 225, 2012 WL 851033, 2012 Fla. LEXIS 552
...11). Section
47.011, Florida Statutes (2011), provides that "[a]ctions 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." With respect to corporations, section
47.051, Florida Statutes (2011), 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....
...st two or more defendants residing in different counties may be brought in any county in which any defendant resides." Although these provisions were previously numbered as sections 46.02 and 46.04, respectively, the substance of sections
47.021 and
47.051 has been part of Florida law since 1906....
...y, Florida. While it is not clear from the record whether CSX is a domestic or foreign corporation, the defendants do not claim that CSX has "an office for transaction of its customary business" or "an agent or other representative" in Pasco County. § 47.051, Fla....
...ace any other limitation on the plaintiff's choice of venue based on residency. Under the reasoning of Enfinger, for purposes of section
47.021 a corporate defendant may be deemed to reside in only one county, although under the unequivocal terms of section
47.051 the same corporate defendant may have more than one county of residence....
...Based on the foregoing, we recede from Enfinger's restriction on a plaintiff's right to select a venue based on the defendants' residency. When reviewing a plaintiff's venue selection, the Florida courts should apply the plain language of sections
47.011,
47.021, and
47.051, Florida Statutes....
...unty in which any defendant resided, is substantively equivalent to today's section
47.021, and section 46.04, Florida Statutes (1955), which defined where a corporation doing business in Florida could be sued, is substantively equivalent to today's section
47.051....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Section
47.011, Florida Statutes (1983), 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." Section
47.051, Florida Statutes (1983), states in relevant part: "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...
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2005 WL 372192
...such review, we are controlled by our decisions in Hu v. Crockett,
426 So.2d 1275 (Fla. 1st DCA 1983) and Brown & Williamson Tobacco Corp. v. Young,
690 So.2d 1377 (Fla. 1st DCA 1997). While the trial court below was correct in concluding that under section
47.051, Florida Statutes (2002), an action may be brought in a county in which a foreign corporation maintains an agent or representative, section
47.122 authorizes the trial court to transfer the actions to any other court in which it might...
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1989 WL 88027
...the complaint appellant only maintained offices in Dade County. Appellees' affidavit in opposition stated appellant maintained Broward County offices in 1984. Without explanation, the trial judge denied the motion. This appeal followed. We reverse. Section 47.051, Florida Statutes (1987) states: Actions against domestic corporations shall be brought only in the county where such corporation has, or usually *315 keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...Their plea of privilege on venue was denied and they bring this interlocutory appeal. The cause of action arose in South Carolina, so situs is not relevant to the venue question here. The question is whether the defendants reside in "different" counties within the purview of §
47.021, F.S.A. We must first look to §
47.051, F.S.A....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...Since the venue objection was not raised in the defendant's motion to dismiss, which was heard and ruled upon below, it has been waived. Fla.R.Civ.P. 1.140(b), (g); see, Gross v. Franklin,
387 So.2d 1046 (Fla. 3d DCA 1980). In any case, it appears that venue was properly laid in Dade County under Section
47.051, Florida Statutes (1979)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 11053, 2003 WL 21697703
...Lucie County; and (4) because the claims adjuster's affidavit did not refute this latter allegation it would be accepted as correct and plaintiff's venue selection left undisturbed. Of the several venue selections authorized by either section
47.011 or section
47.051, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 17835, 2002 WL 31728828
...Where actions may be begun 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. However, since the named party-defendant in this lawsuit was a domestic corporation (Royal Sleep), section 47.051 of the Florida Statutes (2001) must also be considered since the statute specifically defines the scope of venue for actions against corporations: 47.051....
...yee accrued in Dade County, for venue purposes, where parties agreed that employee's performance was primarily due in Dade County). REVERSED and REMANDED. COBB and PLEUS, JJ., concur. NOTES [1] See Fla. R.App. P. 9.130(a)(3)(A). [2] See §§
47.011,
47.051, Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...that community, plaintiffs would not receive a fair trial in that county. Defendant's motion was denied and this appeal followed. Appellant's point that it has a statutory venue privilege in Orange County is well taken. The applicable statutes are: "§ 47.051....
...Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located." Fla. Stat. § 47.051 (1973)....
...sence of the Broward-based defendant/insurer in the suit) because Disney was "active and doing business in Broward County." Appellees overlook that the statutory standard for obtaining venue in actions against a foreign corporation is, as set out in § 47.051: "where such corporation has an agent or other representative." The fact of "doing business" is not the test in spite of some dicta to the contrary in the court's opinion in Mann v....
...Reversed and remanded. WALDEN, C.J., and MAGER, J., concur. NOTES [1] The term "resided" is here used for convenience and stands for the satisfaction of the statutory requirements for laying venue in actions against a foreign corporation which are set out in Fla. Stat. § 47.051 (1973); these will be discussed infra....
...594, 596 (1932); Enfinger v. Baxley,
96 So.2d 538 (Fla. 1957). [3] There the court stated, at 668: "We conclude that, when suing a foreign corporation, one has the right to bring one's action anywhere business is transacted in Florida [citing Fla. Stat. §
47.051] subject to the forum non conveniens statute and further limited by the provisions of § 47.163, Florida Statutes, requiring the consent of the parties." (footnotes omitted).
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12515, 2011 WL 3477081
...Section
47.011, Florida Statutes (2010), provides in pertinent part that "[a]ctions 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." With respect to a suit filed against a corporation, section
47.051, Florida Statutes (2010), provides in pertinent part that "[a]ctions 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, w...
...Tallahassee, *929 Leon County. Thus, venue is proper in Leon County and improper in Broward. However, as to Florida Gamco, the trial court incorrectly found that venue was proper in Broward because Florida Gamco was doing business in Broward County. Section 47.051 provides, with regard to a domestic Florida corporation, that venue is proper "in the county where such corporation has, or usually keeps, an office for transaction of its customary business." This section distinguishes between Florida...
...Here, it was undisputed that Florida Gamco has its principal place of business in Leon County. The trial court's finding that Florida Gamco conducted business in Broward, and, as such, any breaches occurred in Broward, was an improper basis for its ruling on venue. Under section 47.051, Leon is the only proper place for venue....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 10294, 1992 WL 251408
...Precision thereafter filed a motion to dismiss or, in the alternative, to transfer the case for improper venue. Precision's motion asserted that Precision was not authorized to do business in Hillsborough County that it was only authorized to do business in Pinellas County. Precision further asserted that Section 47.051, Florida Statutes (1991), the venue statute applicable to corporations, did not otherwise justify bringing the action in Hillsborough County because the cause of action actually accrued in Pinellas County, where Gauthier worked and was paid, and did not involve property located in Hillsborough....
...s the performance called for by the contract." Since the severance provision contained in Gauthier's contract was a condition of his employment with Precision, his cause of action is indeed one for a breach of that contract and not a suit on a debt. Section 47.051, Florida Statutes (1991), provides: Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located. In light of section 47.051, we have established that Precision is not authorized to do business in Hillsborough County....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...xcept Orange.) The plaintiff filed the suit in Orange County and the individual defendant did not object. The insurer moved to change the venue from Orange to Lake County. The trial court granted the motion. Plaintiff appeals. We reverse. F.S. 1969, section 47.051, F.S.A., is entitled, "Actions against corporations." It provides: "* * * Actions against foreign corporations doing business in this state shall be brought in a county or district where such corporation has an agent or other represent...
...re the defendant resides or where the cause of action accrues and that under Section
47.021 actions against two or more defendants residing in different counties may be brought in any county in which any defendant resides. We further know that under Section
47.051, supra, that actions against foreign corporations shall be brought in a county where that corporation has an agent or other representative or where the cause of action accrued....
...If plaintiff chooses and the individual defendant does not object, and if the forum non convenience statute is not successfully invoked, the cause of action may be brought in the county where the insurer, a foreign corporation, has an agent under the provisions of Section 47.051, supra, regardless of where the cause of action occurred and where the individual defendant resides....
...he addition of the insurer as another defendant under the Shingleton case. We believe that the plaintiff had a right to bring this action in Orange County because the foreign corporation defendant had an agent in that county, under the provisions of Section 47.051, supra....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1999 WL 1049738
...Norwood, Dive Bimini, and Scuba Bimini moved to dismiss or transfer for improper venue, arguing that "Scuba Bimini and Dive Bimini are the only corporate entities conceivably involved in this litigation;" and that Broward County is the only proper venue pursuant to section 47.051, Florida Statutes (1997), [2] because the only place of business for those corporations are located in Broward County and Norwood is not a resident of Duval County....
...We are not required to address whether, based solely on the designated principal place of business in the articles of incorporation of Scuba Bimini and Dive Bimini, either corporation can be said to have "an office for transaction of its customary business" in Duval County for the purpose of establishing venue pursuant to section 47.051....
...Because appellants do not dispute that Offshore Enterprises "resides" in Duval County for the purposes of venue, the order under review is AFFIRMED. JOANOS AND LAWRENCE, JJ., CONCUR. NOTES [1] We have jurisdiction pursuant to rule 9.130(a)(3)(A), Florida Rules of Appellate Procedure. [2] Section 47.051, Florida Statutes (1997), provides, in pertinent part, as follows: 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 busin...
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 17122, 2002 WL 31556558
...Gulf Stream did not submit an affidavit in support of its motion or the document. After hearing argument from counsel, the trial court entered an order transferring venue from Sarasota County to the county court or the circuit court for Franklin County. Section 47.051, Florida Statutes (2000), addresses actions against domestic corporations and provides for venue in the county where the 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....
...e the note was signed by the maker or in which the maker resides. The allegations in Loiaconi's complaint that payment was required to be made in Sarasota County and that payment was not made were sufficient to support venue in Sarasota County under section 47.051 as the place where the cause of action accrued....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1988 WL 51636
...The court later entered an order transferring the case to Dade County. Section
47.011, Florida Statutes (1985) provides that actions shall be brought only in the county where the defendant resides, where the cause of action accrued or where the property in question is located. Section
47.051, Florida Statutes (1985) provides that 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....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 3535, 2002 WL 429268
...fense was raised in the answer, a timely objection was not made because it had not been raised earlier in the form of a separate motion and denied the Motion for Dismissal or Change of Venue. Host asserts that venue was not proper in Broward County. Section 47.051, Florida Statutes (2000), provides, "Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or wher...
...Although Petrol alleged in the second amended complaint that venue was proper in Broward County, the only fact alleged with regards to venue is that Petrol maintains its principal place of business in Broward County. This factual allegation is irrelevant to a venue determination pursuant to section 47.051....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 19244
...5th DCA 1981). Despite the foregoing agreement, when venue in Leon County was attacked by Southeastern, Barley argued that the court should ignore the venue provision in the contract he had affirmed by his complaint, based upon the statutory grounds of section
47.051 and also the convenience of the parties pursuant to section
47.122, Florida Statutes (1981)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Sales now appeals [1] from an order denying its motion to transfer venue to Orange County. We reverse. Since E.J. Sales' place of business is in Orange County, and it has no office whatever here, venue may properly be laid in Dade County under Sec. 47.051, Fla....
...For these reasons, the order below is reversed with directions that the cause be transferred to Orange County. Reversed. NOTES [1] Pursuant to Fla.R.App.P. 9.130(a)(3)(A). [2] Notwithstanding the trial judge's misplaced reliance on Sec.
47.101, Fla. Stat. (1979), Section
47.051 alone controls the issues in this case....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2001 WL 826722
...uval County, Florida and the Agreement was executed in Duval County, Florida. The Agreement was breached in Duval County, Florida. On the basis of this amendment, which sought to establish that the cause of actions *1223 accrued in Duval County, see section 47.051, Florida Statutes (2000), the trial court denied the appellants' motion to dismiss for improper venue....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 9233, 1990 WL 197933
...Forehand of Myers & Forehand, Tallahassee, for appellant. Dean Bunch and Robert L. Hessman of Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsler, Tallahassee, for appellee. PER CURIAM. Plaintiff/appellant Barry Cook Ford, Inc. (Cook) challenges a non-final order transferring venue pursuant to section 47.051, Florida Statutes (1989), from Leon County to Polk County....
...Schwendemann,
564 So.2d 546 (Fla. 3d DCA 1990); Premier Cruise Lines, Ltd. v. Gavrilis,
554 So.2d 659 (Fla. 3d DCA 1990); Williams v. Union Nat. Ins. Co.,
528 So.2d 454 (Fla. 1st DCA 1988). The trial court inappropriately transferred venue in this case. Under section
47.051, FMC is a foreign corporation doing business in Florida, which has an "agent or other representative" doing business *62 in Leon County....
...Since Cook chose one of the statutory alternatives, its selection should not have been disturbed by the trial court unless FMC demonstrated an impropriety in its choice. The record indicates that FMC did not meet this burden and that the trial court's ruling was limited to the scope of section 47.051....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1978 Fla. App. LEXIS 17147
...Shutts & Bowen and Karl V. Hart and Arnold L. Berman, Miami, for appellee. Before HAVERFIELD, C.J., and PEARSON and KEHOE, JJ. PER CURIAM. American Fidelity Fire Insurance Company, plaintiff in the trial court, appeals an order transferring this cause pursuant to Section 47.051, Florida Statutes (1975) from Dade to Pinellas County where the defendant, Allied General Contractors, Inc., maintains its principal place of business....
...) made on behalf of Groover. Allied refused and American filed the instant suit in Dade County against Allied for restitution, negligence, and breach of contract. Allied filed a motion to dismiss the complaint for improper *444 venue and argued that Section 47.051, Florida Statutes (1975) [3] required that it be sued in Pinellas County where its offices for the transaction of business are maintained....
...* * "ORDERED AND ADJUDGED: "1. The Defendant, Allied General Contractors, Inc. is a Florida corporation with its principal place of business in St. Petersburg, Pinellas County, Florida. "2. The Defendant, Allied General Contractors, Inc. pursuant to Section 47.051, Florida Statutes, should be sued in the county in which such corporation has and usually keeps an office for transaction of its customary business (Pinellas County) absent a showing of circumstances permitting the Plaintiff to sue such Defendant in a place other than Pinellas County, Florida (e.g....
...order transferring the action to Pinellas County. Cf. James A. Knowles, Inc., supra, and American Intern. Food Corp. v. Lesko,
358 So.2d 250 (Fla. 4th DCA 1978). Affirmed. NOTES [1] a New York corporation [2] to be placed in trust for claimants [3] "
47.051 Actions against corporations "Actions against domestic corporations shall be brought only in the county or district where such corporation has or usually keeps an office for transaction of its customary business, or where the cause of action a...
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 17569
...Coordinated and American filed a motion to dismiss for improper venue, seeking to transfer the cause to Broward County on the allegation that Coordinated's business situs was in Broward County and that the cause of action accrued there. The proper application of the controlling venue statute, Section 47.051, Florida Statutes (1979), [2] has been the source of considerable litigation, especially in contract actions....
...The creditor was a non-resident corporation and the defendant was not amenable to suit in its out-of-state principal place of business. The lienor was therefore relegated to bring the action against the general contractor in its principal place of business under Section 47.051, supra, on a holding that had the suit been brought against the defaulting subcontractor, rather than the contractor, the venue would have also been elsewhere....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1992 WL 301314
...y in litigation is located." (Emphasis added.) Section
47.021, Florida Statutes (1989), provides, "Actions against two or more defendants residing in different counties may be brought in any county in which any defendant resides. " (Emphasis added.) Section
47.051, Florida Statutes (1989), relating to actions against corporations, 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 cus...
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...be sued in Dade County. No property is involved here, so the venue against this domestic corporation lies either where the corporation has, or usually keeps an office for the transaction of its ordinary business or where the cause of action accrued. Section 47.051, Florida Statutes (1981)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1335, 1985 Fla. App. LEXIS 15126
...f its customary business, its principal place of business being located in Polk *937 County, Florida. It is also undisputed that the property involved in this litigation, the escrowed funds, is located in Polk County, not Dade County, Florida. Under Section 47.051, Florida Statutes (1983), then, the venue was properly laid in Dade County only if the cause of action sued on "accrued" in Dade County, Florida....
...If the defendant Shomber committed these wrongful acts, they were, without dispute, committed in Polk County, Florida, where the escrow funds are located. This being so, the breach of contract action sued upon "accrued" in Polk County, not Dade County, Florida, under Section 47.051, Florida Statutes (1983)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2007 WL 750337
...The trial court denied appellant's motion to transfer venue from Broward County to Hillsborough County. Id. This court devoted just one sentence to rejecting appellant's forum non conveniens argument as without merit. Id. This court then proceeded to examine whether venue was proper under section
47.051 rather than forum non conveniens under section
47.122....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...e of action and granted appellee 15 days within which to file an amended complaint. The order of dismissal without prejudice is not made an issue on this appeal. It is appellant's position that the controlling statute applicable to this case is F.S. section 47.051, F.S.A., which provides that actions against domestic corporations shall be brought only in the county or district where such corporation has or usually keeps an office for transaction of its customary business, or where the cause of action accrued, or where the property in litigation is located....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 1538, 1988 Fla. App. LEXIS 2858, 1988 WL 68077
...Williams further alleged that she recovered a judgment against Jackson in Columbia County for the amount of $75,000.00, and having recovered this judgment against Union's insured, is entitled to a judgment against Union. [1] The applicable venue statute is section 47.051, Florida Statutes (1987), which provides that 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....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 377, 1988 Fla. App. LEXIS 457, 1988 WL 8134
...Therefore, it would be improper to establish venue based on the contract claim asserted by AJAR since that claim is ancillary to the request for dissolution and an accounting. Venue, then, must be determined by identifying that location around which the venture revolved. § 47.051, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 540
...Indian River County, Florida" and that appellant has "no offices ... agents or representatives ... engaged in business in Hillsborough County." Appellees did not respond to the affidavit. Appellant is a foreign corporation doing business in Florida. Section 47.051, Florida Statutes (1983), the relevant venue statute, provides that such actions: [S]hall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1815, 1986 Fla. App. LEXIS 9431
...laintiff in an accident at Florida Power's nuclear power plant in Citrus County. The plaintiff filed his suit in Pinellas County, where Florida Power does business and maintains its corporate headquarters. Venue in that county, of course, is proper. § 47.051, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2008 WL 4330289
...Johns County. A suit against a foreign corporation such as Geico, a defendant below, "shall be brought in a county where such corporation has an agent or other representative, where the action accrued, or where the property in litigation is located." § 47.051, Fla. Stat. (2007). Geico's co-defendants, residents of St. Johns County, sought to transfer venue, relying on section 47.051....
...The trial court found the two businesses to be *1257 "representatives" of Piper in Dade County. Id. The third district affirmed, holding that there was sufficient evidence that the service center and parts distributor were "representatives" of Piper within the meaning of section 47.051....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 9702, 1995 WL 544146
...d were to be sent to Qualtec's Palm Beach office. Therefore, Qualtec contended that Seminole County was an inappropriate venue for the case. Ultimately, the trial court granted Qualtec's motion and transferred venue to Palm Beach County. We reverse. Section 47.051, Florida Statutes (1993), provides in part: 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....
...Laurent, venue is proper where the renunciation or termination of the contract occurred. Qualtec's termination letter was addressed to Walker's office in Winter Springs, Seminole County. Based on St. Laurent, then, venue was proper in that county. Although section 47.051, Florida Statutes (1993), recognizes that venue would also be proper in the county in which the defendant maintains an office, the choice of venue in the first instance lies with the plaintiff....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...matter. *801 Section
47.011, Florida Statutes (1985) provides: Where actions may be begun. 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. Section
47.051 provides: Actions against corporation....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 9090, 2006 WL 1559738
...part, that "[a]ctions 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." Additionally, since Blackhawk, the named defendant, is a domestic corporation, section 47.051, Florida Statutes (2004), must also be considered given that the statute specifically defines the scope of venue for actions against corporations. Under section 47.051, actions against Florida 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 l...
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 5996, 1991 WL 111489
...The proper venue for actions against a domestic corporation is "the county where such corporation has, or usually keeps, an office or transaction of its customary business, where the cause of action accrued, or where the property in litigation is located." Section 47.051, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 4927, 1990 WL 95487
...iety in a venue selection is placed upon the party challenging venue. See Cassidy v. Ice Queen International, Inc.,
390 So.2d 465 (Fla. 3d DCA 1980); Birdsall Shipping, S.A. v. Gallardo,
390 So.2d 437 (Fla. 3d DCA 1980). The pertinent venue statute, Section
47.051, Florida Statutes (1989) (emphasis added), provides that: Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located....
...Furthermore, a second general principle of statutory interpretation, as applied to the word "or", is that courts will normally *548 construe the word "or", as a disjunctive which indicates that the legislature contemplated alternatives. Sparkman v. McClure,
498 So.2d 892 (Fla. 1986). Clearly Section
47.051, which permits venue in a county where a foreign corporation has "an agent or other representative", contemplated that either alternative would be sufficient to establish venue, thus indicating that the terms are not interchangeable an...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 12096, 2003 WL 21800429
...Before GREEN and SHEVIN, JJ., and NESBITT, Senior Judge. NESBITT, Senior Judge. The appellant PDM Bridge Corporation ("PDM") appeals from the denial of its motion to dismiss for improper venue. For the reasons stated, we reverse. Venue here is controlled by § 47.051, Florida Statutes (2002), which, in pertinent part provides: "Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of act...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 7183, 2011 WL 1878144
...Reversed and remanded with instructions. WARNER, LEVINE and CONNER, JJ., concur. . In a suit against a corporation, the court will look to “where such corporation has, or usually keeps, an office for transaction of its customary business” instead of residence. § 47.051, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...County, in the Dade County Circuit Court, for personal injuries he received while aboard the vessel in Monroe County waters. Among other things, the defendant contended that the venue selected by the plaintiff was improper, on the ground that under Section 47.051, Florida Statutes (1977), the corporation had no "office for transaction of its customary business" in Dade County....
...That the Resident Agent, Thomas Mulcahy, was served at the above address in Dade County, as registered with the Secretary of State." On this record, the trial court's determination that the action could be maintained in Dade County was incorrect. The applicable statute, Sec. 47.051, provides in full: "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....
...at which the corporation's customary business was transacted. While the existence merely of an agent, for service of process or otherwise, in a particular county would establish the propriety of venue in that county as to a foreign corporation, Sec. 47.051, supra, it does not satisfy the more stringent statutory venue criterion for a Florida corporation like the present appellant....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 183568
...ether the plaintiff's venue selection is legally supportable. As a matter of law, we conclude that Tobin's venue selection was improper as the corporate defendant, A & F, has its sole corporate office in Palm Beach County, not Miami-Dade County, see § 47.051, Fla....
...(2006); [1] the individual defendants (Forkey, Sorena, and Shahak) reside in Palm Beach County, not Miami-Dade County, see §
47.011, Fla. Stat. (2006); [2] the causes of action, including the conversion claim, accrued in Palm Beach County, not Miami-Dade County, see §§
47.011,
47.051, Fla....
..."cause of action accrued when [defendant] obtained possession of the funds by deposit to her account, which took place in Hillsborough County"); and the property in litigation is located in Palm Beach County, not Miami-Dade County, see §§
47.011,
47.051, Fla. Stat. (2006). Therefore, we affirm the trial court's non-final order transferring Tobin's complaint from Miami-Dade County to Palm Beach County. Affirmed. NOTES [1] Section
47.051, Florida Statutes (2006), provides, in part, as follows: "Actions against corporations.Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction...
CopyCited 3 times | Published | Supreme Court of Florida
...On July 6, 1970, the trial court entered an order granting respondent's motion to transfer the cause for improper venue and transferring the file to the Circuit Court of Dade County. The decision of the trial court to transfer the cause was based on Florida Statutes §§
47.051 [1] and
770.07 [2] , F.S.A....
...Accordingly, we have jurisdiction pursuant to Art. V, § 3(b)(3), Fla. Const., F.S.A. In the Firstamerica Development Corporation case, supra, this Court relied upon F.S. § 46.04, F.S.A. as then worded, [3] which permitted (and still permits as present § 47.051) litigation against corporations in any county in which the cause of action arose....
...Respondent contends that proper venue can only lie in Dade County, citing F.S. §
770.07, F.S.A. As above mentioned this statute on its face relates to the "time" of accrual of the cause action, a typical statute of limitations provision. It does not control the place (venue) of filing. Of significance as to venue is F.S. §
47.051, F.S.A., [4] which permits actions against domestic corporations also to be brought "where such corporation has or usually *607 keeps an office for transaction of its customary business." Ch....
...nor do we decide the question of venue where a bureau agency or office is maintained in another county or counties for the purpose of distribution or circulation. ..." (emphasis added) Thus, when we read our "single publication" act (§
770.05) in conjunction with the corporate venue acts §§ 46.04 and
47.051) the advantages to both the press and the public, in our complex business and economic world, appear to be mutual and equal....
...Furthermore, the venue then is limited to (1) the county where the alleged libelous matter is first published or exhibited or uttered, or (2) the county or counties where the publisher "has or usually keeps an office for transaction of its customry business," (§ 47.051), or (3) "where a bureau agency or office is maintained * * * for the purpose of distribution or circulation" ( Eberhardt, supra ), or (4) (a fourth available venue) under F.S....
...the fourth available venue provision which the majority grants under F.S. § 46.04 F.S.A. wherein the majority determines that a cause of action involving the case of a publication for libel may be brought in any county where the publication is distributed or placed upon sale. NOTES [1] Fla. Stat. § 47.051, F.S.A.: "Actions against domestic corporations shall be brought only in the county or district where such corporation has or usually keeps an office for transaction of its customary business, or where the cause of action accrued, or where the property in litigation is located......
...doing business in this state, suits shall be commenced in a county or justice's district wherein such company may have an agent or other representative, or where the cause of action accrued, or where the property in litigation is situated." Now F.S. § 47.051, F.S.A....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...at order relating to venue, as authorized by Rule 4.2(a) FAR, 32 F.S.A. We hold the appeal has merit. By their motion for transfer the individual defendants (under §
47.011 Fla. Stat., F.S.A.) and the corporate defendant Florida Convoy, Inc. (under §
47.051 Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...crued, or where the property in litigation is located. In the case of multiple defendants residing in different counties, section
47.021, Florida Statutes (1997), provides that an action "may be brought in any county in which any defendant resides." Section
47.051, Florida Statutes (1997), provides that actions against domestic corporations shall be brought only in the county where such corporation keeps an office for transaction of its business, where the cause of action accrued, or where the property in litigation is located....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...This statute provides that the cause of action does not have to arise from business within the state. See Crown Colony Club Ltd. v. Honecker, Fla.App.3d, 1974,
307 So.2d 889. *51 The sole issue, therefore, concerns the question of whether Florida or New Mexico is the proper venue. Section
47.051, Florida Statutes, provides in essential part: ......
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 1201, 1998 WL 56034
...by the parties on October 1, 1996. The essence of the lawsuit filed against Sagaz by Martin is Sagaz's failure to pay him $204,162.00 in severance pay allegedly due him under the employment contract, if his termination was without cause. We affirm. Section 47.051 provides: Actions against corporations.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 action accrued, or where the property in litigation is located ....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 18805, 2003 WL 22927376
...In August 1999, Breed filed suit in Polk County against AlliedSignal Inc., [1] a foreign *1229 corporation, alleging fraud and misrepresentation. Later, Breed filed an amended complaint asserting additional theories of recovery. AlliedSignal filed a motion to transfer venue to Hillsborough County pursuant to section 47.051, Florida Statutes (1999). It argued that, as a foreign corporation, any action against it could only "be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located." § 47.051....
...AlliedSignal asserted that none of the statutory bases were met for venue to exist in Polk County and, because it had representatives in Hillsborough County, that venue had to be transferred to Hillsborough County. Breed contended that AlliedSignal had agents or other representatives in Polk County and, pursuant to section 47.051 and the decision in Piper Aircraft Corp....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 11740, 2010 WL 3155010
...Delaware corporation, and its alleged President, Giacobba, arising out of an automobile accident in 2008, which resulted in the death of Michael Kelly. The accident occurred in Collier County. Plaintiff placed venue in Palm Beach County pursuant to section 47.051, Florida Statutes, which governs venue in actions against foreign corporations, alleging that Defendant Vrchota Corporation is a foreign corporation and *321 has a registered agent in Palm Beach County....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1191115
...That claim does not arise from the agreement, nor does it exist solely for the benefit of the parties to the agreement. Id. Otherwise, venue in Hillsborough County is proper. The cause of action accrued in Hillsborough County where CMS allegedly made the misrepresentations. See § 47.051, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 16707
...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.” Finally, section 47.051, Florida Statutes (2015) provides that actions against foreign corporations doing business in Florida shall be brought “in a county where such corporation has an agent or other representative, where the cause of action accrued, or wh...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 12303, 1996 WL 672983
...Williams, 345 Mo. 22, 131 S.W.2d 561 (1939). Florida's venue statutes are of little aid in interpreting the word "resident" as applied to a corporation since the Florida statute that controls venue for corporations does not use "residency" as a basis for venue. § 47.051, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 5437, 2009 WL 1393474
...See §
47.011, Fla. Stat. (2008). The parties also agree that Juana could have filed her complaint in Dade County where Cruz is a resident, see section
47.021, Florida Statutes (2008), and where the causes of action accrued as St. Anne's is located there, see section
47.051, *1027 Florida Statutes (2008)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 10155, 2011 WL 2555213
...into a "reverse mortgage" to pay off the Potomac loan. She claimed that as a result, she lost all the equity in her home. Residential filed a motion to transfer venue, alleging that Broward County was the only proper venue for Keesling's suit under section 47.051, Florida Statutes (2007)....
...Residential asserted that its principal and only place of business in Florida was in Broward County. Residential further argued that the claims alleged in the complaint accrued for venue purposes in Broward County and that there was no real property in litigation. See § 47.051....
...Under the venue statute for corporations, a domestic corporation may be sued only (1) in the county where the "corporation has, or usually keeps, an office for transaction of its customary business," (2) "where the cause of action accrued," or (3) "where the property in litigation is located." § 47.051....
...payments and had to resort to a reverse mortgage. In PricewaterhouseCoopers, this court explained that "[t]he concept of `nexus' is not used to determine whether a tort action accrued in Pinellas County for purposes of venue under sections
47.011 or
47.051."
761 So.2d at 1134....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1989 WL 62397
...The trial court granted the motion to transfer venue to Alachua County, the site of the accident. We reverse. The plaintiff claims he did not err in bringing the cause of action in Broward County because Pizza Hut's resident agent is located there. Section 47.051, Florida Statutes (1987) provides that an action against a foreign corporation may be brought in the county where the corporation has an agent or representative, or where the cause of action accrues, or where the property in litigation is located....
...lenged the defendant Piper Aircraft Corporation, a foreign corporation, was served through a corporate agent it had designated for that purpose in Dade County. It is therefore clear that venue was properly laid in Dade County under the portion of section 47.051, Florida Statutes (1979), which provides that "[a]ctions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative." We specifically stated in Majestic II, Enterprises, Inc....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 1570, 1988 Fla. App. LEXIS 2839, 1988 WL 67788
...it is presumed that the debt was to be paid in Dade County, where the plaintiff/creditor resides. It therefore follows that the venue of the instant action was properly laid in Dade County because it is here that "the cause of action accrued" under Section 47.051, Florida Statutes (1987), when the defendant Tackett Plastics, Inc....
...fect, the debt was not payable in Polk County, where the goods were delivered. Moreover, the fact that the defendant has an office in Polk County for the transaction of its customary business and could, therefore, have been sued in Polk County under Section 47.051, Florida Statutes (1987), cannot change this result either....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...tation of a rent escalation clause; and (2) in anticipation of a ruling favorable to plaintiff, to require the lessor to return to lessee overpayments of rent. Since the defendant is a domestic corporation, the controversy is essentially governed by Section 47.051, Florida Statutes (1981)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1636608
...The appellants moved to dismiss the action *467 for improper venue. Following a hearing solely on the issue of venue, the trial court entered an order denying the appellants' motion to transfer venue. The appellants filed a timely notice of appeal. Vitale's choice of venue is limited by section 47.051, Florida Statutes (1999), which provides: 47.051....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 17254
...212, Florida Statutes (1975) the obligation to pay such tax was on the appellant as the seller of the materials. By a third count GDC sought to impose a constructive trust for said amount upon the assets of the appellant. With regard to venue of actions against a foreign corporation doing business in Florida, Section 47.051, Florida Statutes (1975) provides: "* * * Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 9, 1985 Fla. App. LEXIS 16889
...All of the motions were addressed in one order, dated 26 June 1984. The motions to dismiss were granted with leave to amend. Count I was severed from the remainder of the complaint and a change of venue to Pinellas County, Florida, was granted as to it. The trial court's action was correct. [1] Section 47.051, Florida Statutes (1983), requires that actions against domestic corporations be brought only in the county where the corporation has an office for transacting its customary business or where the cause of action accrued....
...Here, the Times' verified, uncontroverted motion averred that the corporation *43 maintains no Washington County news bureau or distribution/circulation office, no newspaper racks, has no Washington County subscribers and sells no newspapers in that county. Therefore, pursuant to the venue standards established in Section 47.051 and Perdue, supra, Washington County was clearly the incorrect venue for this libel action....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...United Bank will endeavor to exercise the same care with respect to the loan and the collateral, if any, as it gives to loans and collateral in which it alone is interested; but United Bank shall not be liable for any action taken or omitted so long as it has acted in good faith. The applicable venue statute is section 47.051, Florida Statutes (1985), which states, in part, the following: 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...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 3976, 1997 WL 180218
...ss Park). The circuit court denied the motion after concluding that a travel agent located in Monroe County was an agent or representative of WDWC, thus (further concluding) Gail Diaz and Peter Diaz properly brought suit in Monroe County pursuant to section 47.051, Florida Statutes (1995). [1] We conclude, however, that, for the purposes of section 47.051, independent travel agents who make reservations at the request of travellers are not per se agents or representatives of the entity owning or operating the resort, airline, hotel or other facility for which the reservation was made, e...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 Fla. App. LEXIS 14157, 1999 WL 973502
...Langan allegedly misrepresented to Clark and the project's owners the construction and testing criteria for the project. Langan allegedly defamed Harris by telling Clark and other third parties that Harris' pile foundation system was inferior to other systems. Section 47.051, Florida Statutes (1997), allows plaintiffs to bring actions against foreign corporations doing business in Florida "in a county where such corporation has an agent or other representative, where the cause of action accrued, or where t...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1976 Fla. App. LEXIS 14175
...at the defendant had refused, after demand, to return $30,000 in option fees to the plaintiff as required by their agreement. Defendant moved to dismiss the complaint for failure to allege sufficient facts to show proper venue pursuant to Fla. Stat. § 47.051, which provides that an action against a domestic corporation shall be brought only in the county where such corporation keeps its business office, where the cause of action accrued, or where the property in litigation is located....
...Applying this rule to the facts of this case we hold that the defendant's alleged default occurred in Pinellas County where the plaintiff maintains its business office and not in Duval County. Thus the plaintiff's choice of venue was permitted under the applicable provision of the venue statute. Fla. Stat. § 47.051....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 20481
...Sales now appeals 1 from an order denying its motion to transfer venue to Orange County. We reverse. Since E. J. Sales’ place of business is in Orange County, and it has no office whatever here, venue may properly be laid in Dade County under Sec. 47.051, Fla.Stat....
...For these reasons, the order below is reversed with directions that the cause be transferred to Orange County. Reversed. . Pursuant to Fla.R.App.P. 9.130(a)(3)(A). . Notwithstanding the trial judge’s misplaced reliance on Sec.
47.101, Fla.Stat. (1979), Section
47.051 alone controls the issues in this case....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1428
...rd County. It is not suggested that any other Florida county would be a more appropriate forum. An action against a foreign corporation, over which Florida courts have jurisdiction, is properly brought in a county where the corporation has an agent. § 47.051, Florida Statutes (1985)....
CopyCited 1 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1809, 1987 Fla. App. LEXIS 9491
...Taylor Woodrow subsequently subcontracted for the steel with a third party and filed this suit against Williams. On October 21, 1986, Williams filed a motion to transfer venue to Lake County, Florida. After hearing, the court denied the motion. Williams filed this appeal. The applicable venue statute is section 47.051, Florida Statutes (1985) which reads in pertinent part: 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....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11397
...ereby.” A review of the complaint and amended complaint reveals that venue is properly laid in either Pinellas County under section
47.021, Florida Statutes (1981) (because appellant Grimes resides in Pinellas County), or Hillsborough County under section
47.051, Florida Statutes (1981) (be *1072 cause appellant Fogarty Van Lines maintains its offices in Hillsborough County)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...anet Amick, was a resident of that county; that Nationwide Insurance Company, appellant, had an office for the transaction of its business in Sarasota County, but that this fact alone was not sufficient to place venue in Sarasota County, pursuant to Section 47.051, Florida Statutes....
...We do agree with that portion of the order appealed which finds appellant, Nationwide Insurance Company, a foreign corporation authorized to do business in the State of Florida, did have an office in Sarasota County and that this fact, standing alone, would not be sufficient to retain venue in Sarasota County under Section 47.051, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 3487867
...We cannot agree and affirm. Under section
47.011, Florida Statutes (2004), actions against individuals "shall be brought only in the county where the defendant resides, where the cause of action occurred, or where the property in litigation is located." Similarly, under section
47.051, Florida Statutes (2004), actions against Florida 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, o...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 20922
...The court held that pursuant to section 607.354(2), Florida Statutes (1981), the defendant could defend the lawsuit filed against it without being properly authorized to transact business in the state of Florida but could not claim the privilege of venue afforded foreign corporations by section 47.051, Florida Statutes (1981)....
...At common law, the venue of a transitory action, such as the case sub judice, could be laid in any county where jurisdiction over the person of the defendant could be acquired, and the defendant had no privilege of being sued in any particular place. [1] Therefore, if section
47.051 is not applicable to the appellant, under the common law, the appellee had the right to file its action in Hillsborough County, Florida. §
2.01, Fla. Stat. (1981). The appellant contends that section
47.051 is applicable to the case sub judice, and therefore the trial court erred in denying its motions. Section
47.051 provides as follows: 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....
...d by the plaintiff is improper. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. National Bank of Melbourne & Trust Co.,
238 So.2d 665 (Fla. 4th DCA 1970). A foreign corporation may be lawfully doing business in the state of Florida for the purpose of section
47.051 if it is properly authorized to transact business in the state or if it is not considered to be transacting business under section 607.304(2), Florida Statutes (1981)....
...We hold that a foreign corporation transacting business in the state of Florida within the meaning of section 607.304, Florida Statutes (1981), without receiving authority to do so is not lawfully doing business in the state of Florida and accordingly is not afforded the privilege of venue set forth in section 47.051....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 908531
...ace of the complaint that Orange County had no significant relationship to the case. Roadhouse responds that venue was proper for several reasons: 1) the primary defendant, Humana, resides in Orange County; thus venue is proper under §§
47.011 and
47.051, Florida Statutes; 2) Pozo is bound by a venue selection clause because he acted as Humana's agent; 3) the cause of action accrued in Orange County; and 4) Pozo failed to meet his burden of proving that Orange County was an improper venue....
...Based on these allegations, Roadhouse failed to plead sufficient facts to establish venue based on residence. Regarding Humana, a foreign corporation, residence is defined as the "county where such corporation has an agent or other representative." § 47.051, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 3176, 2009 WL 996412
...Treasure Coast's land in St. Lucie County. JAC filed a complaint in Palm Beach County asserting it had fully performed, and Treasure Coast failed to provide full compensation. The contract did not specify where payment would occur. Florida Statutes section 47.051 (2008), provides in pertinent part that "[a]ctions 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...
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 10863, 1997 WL 593921
...In the complaint, CSX alleged that payment was to be made in Duval County, Florida. Stuart answered, asserting that venue was properly in Broward County, Florida, and filed a motion for change of venue on the grounds that there was no basis for venue in Duval County under section 47.051, Florida Statutes, or alternatively, that venue in Du-val County was inconvenient....
...as proper. Id. In this case, since there is no property in litigation, the venue choices are based on the location of Stuart’s office for the transaction of customary business (Broward County) or the location where the cause of action accrued. See § 47.051, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 13938, 2002 WL 31115153
...We conclude that the trial court *927 improperly denied the motion to dismiss for improper venue and reverse. Analysis Disney Wonder is owned and operated by Disney Cruises, a foreign corporation. As a foreign corporation, Disney Cruises can only be sued in a county where one of the following provisions listed under section 47.051, Florida Statutes (2001) exist: (1) where the foreign corporation has an agent or representative in the county; (2) where the cause of action accrued in the county; or (3) where there is property in litigation in that county....
CopyPublished | Florida 3rd District Court of Appeal | 1976 Fla. App. LEXIS 15540
actions against corporations is governed by Section
47.051, Florida Statutes, which in relevant part provides:
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2365, 1987 Fla. App. LEXIS 12242
corporation has an office for transacting business. §
47.051, Fla.Stat. (1985). Since HP & A’s sole business
CopyPublished | Florida 4th District Court of Appeal
...n to Palm
Beach County.
However, the analysis is not so simple. In Florida, chapter 47, Florida
Statutes (2016), governs the determination of proper venue, which is
generally found in section
47.011. However, when the defendant is a
corporation, section
47.051 controls:
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....
...action was for a determination of an entitlement to damages caused by an
automobile collision—not a breach of the insurance contract. Id. at 1199.
However, in Graci we also noted that “[o]f the several venue selections
authorized by either section
47.011 or section
47.051, Fla....
...crued. Specifically, with
regard to foreign corporations, the statute provides that venue is proper
“where such corporation has an agent or other representative, where the
cause of action accrued, or where the property in litigation is located.” §
47.051, Fla....
...4th DCA 2011). And, as noted above, section
47.021,
Florida Statutes (2016), provides that in cases with multiple defendants
the cause of action may be brought in any venue where any defendant
resides.
Therefore, pursuant to sections
47.021 and
47.051, Florida Statutes,
venue is proper in any county where either defendant has an agent or
3
other representative....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2379, 1985 Fla. App. LEXIS 16344
...Appellees countered *40 with an affidavit stating that the contract offer was made and accepted in Sarasota County and that delivery of the markers was to be made in Sarasota County. The trial court denied the motion for change of venue. Appellant is a domestic corporation. Section 47.051, Florida Statutes (1983), places venue in this case in the county where appellant has an office for the transaction of its customary business or where the cause of action accrued....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2210, 1984 Fla. App. LEXIS 15565
...tion which accrued in Broward County. He appeals from an order denying his motion to dismiss for improper venue. We affirm because the appellant did not demonstrate that the co-defendants were not “residents” of Dade County within the meaning of Section 47.051, Florida Statutes (1983)....
CopyPublished | Florida 1st District Court of Appeal | 7 Educ. L. Rep. 233, 1982 Fla. App. LEXIS 21359
displaces the general venue provisions of section
47.051. If a suit is brought under a specific state
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21360
...y v. Flagler Hospital, Inc.,
316 So.2d 642 (Fla. 4th DCA 1975); that since the cause of action admittedly arose in Lee County, venue is in Lee County- — venue would be in Dade County only if Nationwide has a representative or agent in Dade County, Section
47.051, Florida Statutes (1979); that the record does not reflect that Nationwide has an agent in Dade County, the complaint contains only an allegation that Nationwide is doing business in Dade County and that “doing business” is not the test, Walt Disney World Co....
CopyPublished | Florida 3rd District Court of Appeal | 2013 Fla. App. LEXIS 18927, 2013 WL 6212042
...s through offices in Miami-Dade County.” The motion was denied. We reverse because although the Uptons had the prerogative of selecting the venue in which to bring their suit, that selection does not fall within one of the alternatives provided by section
47.051 of the Florida Statutes, see Fla. Gamco, Inc.,
68 So.3d at 928 . Section
47.051, governing venue in actions against corporations, provides that a domestic corporation such as Sunshine State may be sued in “only” one of three places: where it has an office for the transaction of its customary business, where th...
...action against a domestic corporation wherever such agents are located because “the statutory provisions concerning an agent apply to foreign corporations only.” As our sister court in Florida Gamco, Inc.,
68 So.3d at 929 , more recently stated: Section
47.051 provides, with regard to a domestic Florida corporation, that venue is proper “in the county where such corporation has, or usually keeps, an office for transaction of its customary business.” This section distinguishes between Flo...
...f its customary business,” while “[a] foreign corporation doing business in Florida resides where it has an agent or other representative.” Aladdin Ins. Agency, Inc. v. Jones,
687 So.2d 937, 939 (Fla. 3d DCA 1997) (citations omitted). See also §
47.051, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 17555, 2002 WL 31663207
...based upon improper venue. We affirm. Where as here, the alleged misrepresentations giving rise to these causes of action occurred in Charlotte County, Florida, the trial court did hot abuse its discretion in granting the motion to change venue. See Section 47.051, Fla....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4862
...See Croker v. Powell, 1934,
115 Fla. 733 ,
156 So. 146 ; Producers Supply, Inc. v. Harz, 1942,
149 Fla. 594 ,
6 So.2d 375 ; Mendez v. George Hunt, Inc., FÍa.App.1966,
191 So.2d 480 ; Saf-T-Clean, Inc. v. Martin-Marietta Corporation, Fla.1967, 197 So.2d8; Section
47.051, F.S.1967, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11500, 1994 WL 653449
...Johns County, and that its advertising activity in Clay County is not a sufficient overt act to allow venue in Clay County. The judge treated the motion to abate as a motion to transfer venue, and transferred venue to St. Johns County. *584 Venue for actions against corporations is governed by section 47.051, Florida Statutes....
...In view of this failure, the order transferring venue from Clay County to St. Johns County constituted an abuse of discretion. *585 Accordingly, the order transferring venue is vacated, and this canse is remanded with directions to reinstate venue in Clay County. ERVIN and BARFIELD, JJ., concur. . § 47.051, Florida Statutes, states in part: 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 accrue...
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5765
not accrued in Dade County.1 as provided for by §
47.051 Fla.Stat., F.S.A. The motion was supported by
CopyPublished | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 18128
...Birdsall was joined as a co-defendant with Tropical Shipping and Construction Company Ltd. (Tropical). The affidavit of *438 Birdsall’s vice president supported its contention that, as a foreign corporation, it had a right to be sued in Palm Beach County because that was the place where it maintained its business office. § 47.051, Fla....
...The burden was upon Birdsall, as the movant, to establish its entitlement to a change of venue. Silver Star Citizens’ Committee v. City Council of Orlando,
194 So.2d 681 (Fla. 4th DCA 1967); Greene v. Hoiriis,
103 So.2d 226 (Fla. 3d DCA 1958). Affirmed. .
47.051 Actions against corporations.-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....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 8162, 2007 WL 1518870
...Kent sued STI seeking unpaid commissions he alleges were owed to him pursuant to a written employment agreement. STI has no representative in Pinel-las County, and the litigation does not involve property located there; thus, it is a proper venue only if that is where Kent’s cause of action accrued. See § 47.051, Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1282, 1985 Fla. App. LEXIS 14035
BARKETT, Judge. Appellant, the defendant below, asserts error in the denial of its motion to dismiss for improper venue. We agree and reverse. Section 47.051, Florida Statutes (1983), provides in part: 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....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 7561, 2015 WL 2393650
...orporation. Thus,
for venue purposes AKCA in effect “resides” in any county where it “has an agent
or other representative” and may be sued in any such county or where the cause of
action accrued or where the property at issue is located. § 47.051, Fla....
...of the plaintiff’s venue selection is significantly different than a motion to transfer
on forum non conveniens grounds.”). We also note that “doing business” is not the
applicable standard for determining whether venue as to AKCA is proper in
Miami-Dade County. See § 47.051, Fla....
...that county, even though the
foreign corporation has no other connections”); Piper Aircraft Corp. v.
Schwendemann,
564 So. 2d 546, 547 (Fla. 3d DCA 2008) (recognizing that
“agent” and “representative” are not synonymous for purposes of section
47.051);
Vellanti v....
CopyPublished | Florida 6th District Court of Appeal
...e it is
unpreserved. See Steinhorst v. State,
412 So. 2d 332, 338 (Fla. 1982).
5
county where the defendant resides, where the cause of action accrued, or where the
property in litigation is located”); §
47.051 (“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...
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 748, 1988 Fla. App. LEXIS 987, 1988 WL 20067
...A cause of action against a domestic corporation may be brought “only in the *351 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.” § 47.051, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 565, 1985 Fla. App. LEXIS 12729
...litigation, (2) the defendant’s sole office for the transaction of business is located in Palm Beach County, Florida, and (3) the alleged cause of action for defective performance under a construction contract accrued in Lee County, Florida. Under Section 47.051, Florida Statutes (1983), venue of the action is therefore improper in Dade County, Florida....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19590
properly laid in Dade County under the portion of Section
47.051, Florida Statutes (1979) which provides that
CopyPublished | Florida 3rd District Court of Appeal
...ed by competent, substantial
evidence; we review the trial court’s legal determinations de novo.” Id. at
796–97 (citing Fla. Gamco, Inc. v. Fontaine,
68 So. 3d 923, 928 (Fla. 4th
DCA 2011)).
Venue is controlled by sections
47.011 and
47.051, Florida Statutes
(2023). Section
47.011 is the general venue statute,1 while section
47.051
governs suits against corporations.2 Because section
47.051 is a specific
statute relating to corporations, in the face of conflict, it controls over the
general venue statute....
...(2023), provides: “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.”
2
§ 47.051, Fla....
CopyPublished | Florida 4th District Court of Appeal
...at the medical services
were provided in Miami-Dade County, but the residence of the patient and
the place of accident were unknown. Appellant maintained that the
information sought by the court was irrelevant to a determination of venue
pursuant to section 47.051, Florida Statutes (2021)....
CopyPublished | Florida 3rd District Court of Appeal
...ida
Radiology Defendants”) filed separate motions to dismiss for improper venue
or, alternatively, to transfer venue to Lee County. 3 The Florida Radiology
Defendants argued that under the applicable Florida venue statutes,
sections
47.011 and
47.051, Lee County is the only proper venue as it is the
county where all three doctors reside (and the county where Florida
Radiology is based)....
...Where the Cause of Action Accrued
Under Florida’s general venue statute, section
47.011, Florida Statutes
(2021), “[a]ctions 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.” See also §
47.051 (“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...
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2519, 1991 WL 38135
...Appellants alleged that O’Day was a foreign corporation doing business in Florida through its authorized dealer in Hillsborough County, Dry Dock, Inc. (Dry Dock), by advertising and selling products manufactured by O’Day. FP & L moved to transfer the case to Charlotte County for improper venue pursuant to section 47.051, Florida Statutes (1989)....
...ough County, and its home office is in Palm Beach County. FP & L further asserted that O’Day, as a foreign corporation not licensed to do business in Florida, did not have an “agent or other representative” in Florida within the meaning of section 47.051, Florida Statutes (1989)....
...y county in which either resides. §
47.021, Fla.Stat. (1989). If one of the two defendants is a foreign corporation lawfully doing business in Florida, the foreign corporation may be sued in the county where it has an agent or other representative. §
47.051, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal
...cause of action is deemed to have accrued at the time of first publication).
Id. at 606. Noting that section
770.07 did not control the venue of a
defamation action, the court read sections
770.05 and
770.07 in pari
materia with the corporate venue statute (section
47.051, formerly section
46.04), ultimately determining that there were four appropriate venue
locations, only one of which could be selected....
...ay, several
hours later.” Id. at 606. The court further stated that “first publication
obviously was in Dade County.” Id. However, the court rejected the
newspaper’s argument that proper venue for purposes of the corporate
venue statute (now section
47.051) could only lie in Dade County; it found
that “where the cause of action accrued . . . [is] view[ed] in the case of
a publication as limited to such county or counties where the
publication is distributed or placed on sale.” Id. at 607 (emphasis
added; internal quotation marks omitted).
Both section
47.051 and the venue statute in the instant case (section
47.011) state that actions shall be brought “where the cause of action
accrued.” See §§
47.051 &
47.011, Fla....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14127
general venue statute as to corporations, Fla.Stat. § 47.-051, which statute appellee would have us hold is
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6612
...Jones argues here that the proper venue was Pinellas County where he filed the suit, relying upon B & F of Clearwater, Inc. v. Wesley Construction Company, Fla.App.1970,
237 So.2d 790 , construing the two Florida statutes on the subject, F.S. §§
47.011 and
47.051 F.S.A....
...§
47.011 inter alia applies to individual defendants, and is as follows: Ҥ
47.011 Where actions may be begun *277 Actions shall be brought only in the county . . . where the defendant resides, or where the cause of action accrued, or where the property in litigation is located.” §
47.051, applicable to corporate defendants, is inter alia as follows: Ҥ
47.051 Actions against corporations Actions against domestic corporations shall be brought only in the county ....
...crued, or where the property in litigation is located.” In Wesley this 2nd District Court said: “ ‘Place of performance’ as used in determining the place where the cause of action accrues in questions of venue under Fla.Stat. §§
47.041 and
47.051, F.S....
CopyPublished | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 6532, 1997 WL 318054
...lahassee through a computer reservation system accessed by a Hillsborough County travel agent. The Kastamas asserted that the booking process made the travel agent “an agent or other representative” of Capital pursuant to the venue provisions of section 47.051, Florida Statutes (1993)....
...We agree with our sister court, the Third District Court of Appeal, that independent travel agents who book reservations for travelers and receive a fee from the facility where the reservation is booked do not become an agent of the facility for the purposes of section 47.051....
CopyPublished | Florida 3rd District Court of Appeal
...Alfredo Armas, MSP Recovery Law Firm,
and Ryan H. Susman, for appellees.
Before FERNANDEZ, LINDSEY, and MILLER, JJ.
PER CURIAM.
Affirmed. See §
47.011, Fla. Stat. (2020) (“Actions shall be brought
only in the county where . . . the cause of action accrued . . . .”); §
47.051,
Fla....
...rt and will not be disturbed upon
review absent a demonstration of a palpable abuse or grossly improvident
exercise of discretion.”); E.J. Sales & Serv., Inc. v. S.E. First Nat’l Bank of
Mia.,
415 So. 2d 906, 907 (Fla. 3d DCA 1982) (“Under [section
47.051], a
cause of action is deemed to accrue ‘where the act creating the right to bring
an action occurred.’”) (quoting Gaboury, 316 So....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 10809, 2010 WL 2867095
...Where the defendant is a domestic corporation, the action shall be brought only in the county where the 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. § 47.051, Fla....
CopyPublished | Florida 4th District Court of Appeal
...alleged the insurer
was “a foreign insurance company … doing substantial business in Florida
… [with] representatives and agents … in Broward County.” The complaint
further alleged: “Venue is proper in Broward County … under Fla. Stat. §
47.051 because [the insurer] has an agent or other representative in
Broward County.”
In 2024, the insurer filed a motion to transfer venue of the insured’s
action from Broward County to Polk County....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6204
Court of Florida considered § 46.04 Fla.Stat. (now §
47.051, Fla. Stat.1967, F.S.A.) in Firstamerica Dev.
CopyPublished | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 9, 1993 WL 880
...proper is on the defendant. Flick Mortgage Co. v. Microtel, Inc.,
486 So.2d 697 (Fla. 4th DCA1986); Velez v. Mell D. Leonard & Assocs., Inc.,
338 So.2d 896 (Fla. 2d DCA1976). The defendants filed a motion *586 to abate venue which merely recited Section
47.051, Florida Statutes (1991)....
CopyPublished | Florida 3rd District Court of Appeal
...propriety.”); Chrysler Credit Corp. v. Laliberty,
506 So. 2d 67, 68 (Fla. 1st
DCA 1987) (“Once the plaintiff has selected venue, the burden falls on the
party challenging venue to demonstrate by affidavit or sworn pleading that it
is improper.”); see also §
47.051, Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18865
...judgments that had previously been recorded. Defendant/appellant filed a motion to transfer venue from Leon County to Putnam County. The motion was denied, and this interlocutory appeal ensued. We affirm. The question here involves Florida Statutes Section 47.051 which provides: Actions against domestic corporations shall be brought only in the county where *349 such corporation has, or usually keeps, an office for the transaction of its customary business, where the cause of action accrued, or where the property in litigation is located....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 1988, 2005 WL 414851
...Contrary to the trial court’s ruling, the cause of action in this case arose in Lee County, Florida, the location where appel-lee was required by contract to make monthly lease payments to appellant in exchange for the lease of a commercial *1074 premises. No exception, to the general venue rule provided by section 47.051, Florida Statutes (2004), applies in this case because the lease created no debtor or creditor relationship whereby appellee/les-see, a resident of Duval County, could summon appellant/lessor, a Lee County resident, to answer in Duval County....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 323, 1988 Fla. App. LEXIS 334, 1988 WL 6052
PER CURIAM. The appellees are, without dispute, foreign corporations not authorized to do business in the State of Florida, are thus without the venue privilege afforded by Section 47.051, Florida Statutes (1985), and may, accordingly, be called upon to defend this transitory action in any county where jurisdiction over them has been obtained....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 1684, 2002 WL 225929
...ntatives in Miami-Dade County sufficient to justify his venue choice. After the hearing, the trial court entered an order finding: The court finds that the Defendant has agents or other representatives in Miami-Dade County within the meaning of *179 Section 47.051, Florida Statutes, to wit: Blanca Santos and Jeffrey Binder. Accordingly, venue is proper in Miami-Dade County according to Section 47.051, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 18598
...Rotex International Corp.,
355 So.2d 471 (Fla. 3d DCA 1978). The trial court’s order is AFFIRMED insofar as it denied the motion to dismiss by appellant Gulf for improper venue. The proof offered by Gulf does not negate the existence of proper venue in Walton County under section
47.051, Florida Statutes (1981), in the suit remaining against Gulf alone....
CopyPublished | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 15523, 1998 WL 870839
...The complaint was served on NCCL and on Fred Mayer, NCCL's Chief Executive Officer, at NCCL's office in Hollywood in Broward County. NCCL filed a motion to dismiss or transfer venue arguing that Dade County was not one of the statutory venue choices available to Sabio. § 47.051, Fla.Stat....
...Premier Cruise Lines,
554 So.2d at 660. The instant case is distinguishable from Premier Cruise Lines because the evidence tending to show an agency relationship between the travel agents and the cruise lines was lacking. Further, this Court has subsequently held that for purposes of section
47.051, independent travel agents who make reservations at the request of travelers are not per se agents or representatives of the entity owning or operating the resort, airline, hotel or other facility for which the reservation was made, ev...
...sonal residences in Dade County. Sabio failed to argue this basis for venue to the trial court and may not raise it on appeal for the first time. Therefore, because Dade County is not one of the statutory venue choices available to Sabio pursuant to section 47.051, the trial court should have granted the motion to transfer venue....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2536, 1986 Fla. App. LEXIS 11191
...Therefore Valiant’s alleged breach due to the failure to pay them occurred in Volusia. 3 AFFIRMED. UPCHURCH, C.J., and COBB, J., concur. . Fla.R.App.P. 9.130(a)(3)(A). . Cf. Carter Realty Co. v. Roper Brothers Land Co.,
461 So.2d 1029 (Fla. 5th DCA 1985); §
47.051, Fla.Stat....
...Venue in that case turned on the statutory provision allowing suit where a domestic corporation "shall have or usually keep an office for the transaction of its customary business...." In this case, venue turns on "where the cause of action accrued." § 47.051, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2703, 1985 Fla. App. LEXIS 17249
...truction workers employed by Cross-Valente. Based upon the findings embodied in the trial court’s order and the pleaded fact that payment was to be remitted to Pinellas Industries’ office in Pinellas County, venue is properly in Pinellas County. Section 47.051, Florida Statutes; Jones v....
CopyPublished | Florida 4th District Court of Appeal | 1991 WL 276881
...See Florida Physicians’ Ins. Co. v. Crouthamel,
566 So.2d 900 (Fla. 4th DCA 1990), review denied,
582 So.2d 622 (Fla.1991); Valjean Corp., Inc. v. Heininger,
559 So.2d 677 (Fla. Sd DCA 1990); Gulfstream Park Racing Ass'n, Inc. v. Cournoyer,
505 So.2d 629 (Fla. 3d DCA 1987); §
47.051, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 20538, 2005 WL 3555844
...A-Ryan is run out of Ryan’s home, which Ryan indicated in his affidavit is located in Orange County. The Arys, by contrast, live in Seminole County. After presentation of the evidence, counsel for A-Ryan argued that the action had to be brought in Orange or Seminole Counties based on section 47.051, Florida Statutes (2002): Actions against domestic corporation 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.......
...4th DCA 1999); Commercial Carrier Corp. v. Mercer,
226 So.2d 270 (Fla. 2d DCA 1969). See Trawick, Fla. Prac. and Proc., § 5-3; Padovano, Florida Civil Practice, § 2.5, p. 38.
791 So.2d at 1220 . In Florida, venue against a corporate defendant is generally controlled by section
47.051, Florida Statutes (2002): *1003 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....
...Actions against defendants residing in different counties. Actions against two or more defendants residing in different counties may be brought in any county in which any defendant resides. This statute limits the rights afforded to corporate defendants by section 47.051, in that it subjects a corporate (or individual) defendant to suit in any county in which a co-defendant resides....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4693
We reverse because none of the provisions in §
47.051,1 Fla.Stat., F.S.A., permits the action to be
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16183
...ty on June 18, 1979, seeking damages for injuries sustained on August 18, 1975, while he was a passenger on defendant’s train traveling from Virginia to Florida. Auto-Train’s motion asserted that venue was improperly laid under the provisions of Section 47.051, Florida Statutes (1977) 1 in that *DCCCXCI Auto-Train is a Florida corporation and has its principal place of business and its office for the transaction of its customary business in Seminole County, Florida....
...tion was filed on June 20, 1979. On this filing date the sale of tickets by AAA had long been terminated and no relationship existed with Auto-Train. Gates v. Stucco Corp.,
112 So.2d 36 (Fla. 3d DCA 1959). The order of the trial court is affirmed. . Section
47.051, Florida Statutes (1977) provides: “Actions against domestic corporations shall be brought only in the county where such cor *DCCCXCI poration 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....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20033
...be performed would be done in Broward County. Furthermore, the deposit and boat in question were both located in Broward County. The trial court denied the motion, and appellant instituted this appeal. Appellant is a Florida corporation; therefore, section 47.051, Florida Statutes (1981), 1 applies....
...the statutory venue privilege provided to domestic corporations, we REVERSE and direct that this case be transferred to Broward County in accordance with Florida Rule of Civil Procedure 1.060. BOARDMAN and DANAHY, JJ., concur. . As applicable here, section 47.051, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1864, 1989 Fla. App. LEXIS 4407, 1989 WL 86802
...he Polk County suit does not lie in Hillsborough County. Section
47.122, Florida Statutes (1987), permits the transfer of venue to a court in which the suit “might have been brought.” Venue in actions against domestic corporations is governed by section
47.051, Florida Statutes (1987), which provides that such actions “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...
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20860
...For purposes of this section, a domestic corporation resides in the county where such corporation has or usually keeps an office for the transaction of its customary business. A foreign corporation doing business in this state resides in the county where such company has an agent or other representative. Section 47.051, Florida Statutes (1979); Enfinger v....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 12349, 2008 WL 3851281
...The complaint alleged that Ocean Yachts had made some warranty repairs to the defective boat at its New Jersey facility, but the repairs were not satisfactory, and other defects appeared after the boat was brought to Florida. Ocean Yachts then directed that further warranty work be done at a Florida boat yard. Section 47.051, Florida Statutes (2007), which addresses venue provides in part: Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12975, 2011 WL 3586233
...Then, the burden shifts to the plaintiff to establish the propriety of the venue selected.” Id. In this case, appellant challenged appellee’s selection of Bro-ward County as the proper venue by filing an affidavit and shifting the burden back to appellee as to whether the venue was proper. Section 47.051, Florida Statutes, provides that “[ajctions 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 actio...
CopyPublished | Florida 5th District Court of Appeal
...payment owed under the policy but Insurer refused to pay.
Insurer responded to the complaint by filing an unsworn motion to
transfer venue to Alachua County. It did not challenge Glass Company’s
choice of Seminole County as being an improper venue; it was not. See §
47.051, Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8636, 1992 WL 191281
...ess located in Miami, Dade County, Florida” and that Dolphin “does not maintain and has never had an office in Broward County, Florida.” Dolphin argues that the trial court erred in failing to transfer venue from Broward County to Dade County. Section 47.051, Florida Statutes (1991) 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....
CopyPublished | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 21212
HERSEY, Judge. This appeal from a non-final order denying a motion to dismiss or to transfer based upon improper venue is controlled by Sec *1103 tion 47.051, Florida Statutes (1981)....
...Venue of an action against a domestic corporation is properly laid “. .. 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.” Section 47.051, Florida Statutes (1981); Walt Disney World Company v....
CopyPublished | Florida 4th District Court of Appeal
...ury resources (or to reduce its
own docket for judicial convenience), standing alone, is not a proper
ground to transfer venue under section
47.122, Florida Statutes (2020).
See R.J. Reynolds Tobacco Co. v. Mooney,
147 So. 3d 42, 45 (Fla. 3d DCA
1 Section
47.051, Florida Statutes (2020), governs venue in actions against
corporations and provides:
Actions against domestic corporations shall be brought only in the
county where such corporation has, or usually keeps, an office for...
...of venue that is otherwise properly selected by the plaintiff. We are not
inclined, nor do we believe the legislature intended, to extend statutory
forum of convenience to such considerations.”).
Thus, as Medical Provider’s choice of venue in Broward County was
proper under section 47.051, Florida Statutes (2020), and as there is no
record evidence showing that venue in Broward County posed an
inconvenience to the parties or witnesses, the court erred in sua sponte
transferring the action for forum non conveniens....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 4871, 2011 WL 1327686
...he burden of proof then shifted to the High-towers, we conclude that the Hightowers successfully met their burden of proving that venue was proper as to Woodmen in Manatee County because that is where the cause of action against Woodmen accrued. See § 47.051 (“Actions against domestic corporations shall be brought only in the county where such corporation has, or usu *380 ally keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located.” (emphasis added)); cf....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 1366722, 2012 Fla. App. LEXIS 6173, 37 Fla. L. Weekly Fed. D 951
...An order transferring venue pursuant to section
47.122 is reviewed for abuse of discretion. See Hu v. Crockett,
426 So.2d 1275 (Fla. 1st DCA 1983). Here, the parties agree that venue is proper in either Duval County, where AWA maintains a place of business, or Putnam County, where the cause of action accrued. See §
47.051, Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16452
...that it has no office in Bay County is uncontested. REDCO further points out that the agreement provides for payments to be made at REDCO’s office. Appellant REDCO contends that it is entitled to be sued in Escambia County under Florida Statutes, § 47.051, which provides: “Actions against domestic corporations shall be brought only in the county or district where such corporation has, or usually keeps, an office for transaction of *1288 its customary business, or where the cause of action accrued, or where the property in litigation is located ....
...resides under §
47.021. This question was answered by the Florida Supreme Court in Enfinger v. Baxley,
96 So.2d 538, 540 (Fla. 1957), wherein the court held that §
47.021 prevails over, and is a qualification of, the venue privilege afforded under §
47.051, as follows: “Section 46.02 [now F.S. §
47.021] places a qualification upon the venue privilege granted to an individual defendant by Section 46.01 [now F.S. §
47.011] and to a corporate defendant by Section 46.04 [now F.S. §
47.051] ....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15992
...Appel-lee filed an affidavit in opposition to the motion executed by its president averring that appellant and appellee were in repeated contact by telephone and letter and that appellee suffered damages in Pinellas County. The trial court denied appellant’s motion. This appeal followed timely. Section 47.051, Florida Statutes (1977) provides in pertinent part: 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....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1022, 1987 Fla. App. LEXIS 7737
...oward County averring: (1) that Gulfstream is located in Broward County, and (2) that Gulfstream’s business office is in Broward County and it has no business office in Dade County. It is also undisputed that the injury occurred in Broward County. Section 47.051, Florida Statutes (1985), relied upon by Gulfstream, provides in part: 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 b...
CopyPublished | Florida 5th District Court of Appeal
...See At Home Auto Glass, LLC v. Mendota Ins. Co.,
345 So. 3d 392, 394 (Fla. 5th DCA 2022) (first citing Eggers v.
1 GEICO is a foreign corporation and has “agents or
representatives” in both counties. Thus, venue is proper in either
county under section
47.051.
2
Eggers, 776 So....
CopyPublished | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 23690
...Since this is the case, the defendant has no venue privilege, and a transitory action like this one may therefore be maintained against it in any county in the state. §
47.011, Fla.Stat. (1977); Hollywood Memorial Park, Inc. v. Rosart,
124 So.2d 712 (Fla. 3d DCA 1960); cf. §
47.051, Fla.Stat....
