CopyCited 20 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16408
...a transfer of venue should have been granted. Reversed and remanded for further proceedings consistent herewith. McCORD, C.J., and MELVIN, J., concur. NOTES [1] We are not here concerned with F.S.
47.122 relating to convenience of the parties, nor F.S.
47.061 relating to suits on promissory notes....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16697
...1.210(c). The supporting documentation referred to would be documentation showing that appellant did not have the powers listed in Rule 1.210(c) and could not, therefore, represent the trust by himself. Appellant first contends that the provisions of §
47.061, Florida Statutes, relating to venue in suits on promissory notes do not cover supplementary proceedings filed pursuant to Chapter
56.29, Florida Statutes (1975); that venue in supplementary proceedings under §
56.29 may be (and in this instance is) in a county other than where the principal action was maintained....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 17122, 2002 WL 31556558
...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. Section
47.061, Florida Statutes (2000), provides in pertinent part that an action on an unsecured promissory note shall be brought only in the county where the note was signed by the maker or in which the maker resides....
...Sales & Serv. Inc. v. Southeast First Nat'l Bank,
415 So.2d 906, 907 (Fla. 3d DCA 1982). Moreover, the allegation that Gulf Stream executed and delivered the promissory note in Sarasota County was sufficient to support venue in Sarasota County under section
47.061....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21274
concedes that venue in this case is governed by Section
47.061, Florida Statutes (1979),2 but argues that
CopyPublished | Florida 5th District Court of Appeal | 1975 Fla. App. LEXIS 19027
that for determining venue of this action Florida Statute
47.061 is not applicable. Interlocutory appeal
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 12102
...The final order under review dismissing the action below is reversed and the cause is remanded for further proceedings upon a holding that the defendant Henry Corona Muro, a resident of Puerto Rico, was not entitled to have the action below dismissed for improper venue under Section 47.061, Florida Statutes (1981), as the trial court concluded, because the defendant Muro is not a resident of the state of Florida and the above statute is inapplicable to nonresidents of the state of Florida....
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1503, 1987 Fla. App. LEXIS 8823
...been proper and the burden of pleading and proving that venue is improper, if such is the fact, is upon the defendant. Appellant’s argument that Dade and not Broward County was the appropriate venue is also without merit. Appellant is correct that section 47.061, Florida Statutes (1985), requires actions on *559 unsecured negotiable or nonnegotiable promissory notes to be brought “only in the county in which such notes were signed by the maker ......
...Appellant’s citations of authority for a contrary position are inap-posite. Also, as we held in Hallmark Industries, Inc. v. Scarborough Chemicals, Inc.,
409 So.2d 216 (Fla. 4th DCA 1982), an agreement between the parties as to venue, rather than section
47.061, Florida Statutes (1985), is controlling....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19093
LETTS, Chief Judge. The maker of a promissory note contends that suit should have been brought by the payee in the County where the note was signed pursuant to Section 47.061, Florida Statutes (1979)....
...agreement speaks of its terms and conditions within which the promissory note, of necessity, is included. The two instruments are inextricably intertwined. Such an admixture is more than sufficient to take this cause of action out of the purview of Section 47.061, Florida Statutes (1979) which requires that suit be brought in the county where the maker signed the note....
CopyPublished | Florida 3rd District Court of Appeal | 34 U.C.C. Rep. Serv. 2d (West) 1155, 1998 Fla. App. LEXIS 1167, 1998 WL 51680
statute regarding unsecured promissory notes, section
47.061, Florida Statutes (1995).2 *1040First, we conclude
CopyPublished | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 40, 1985 Fla. App. LEXIS 16937
...Citmoco Services, Inc.,
418 So.2d 409 (Fla. 2d DCA 1982). Searle carried this burden by filing an affidavit establishing that the note had been executed in Lee County, Florida, and that he was a resident of Dade County, Florida. Baker; Foster; see also, Holiday Truck & Car Sales, Inc. Section
47.061, Florida Statutes (1983), provides that suits on unsecured promissory notes shall be brought only in the county in which the maker resides or in which the maker signs the note....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8505, 1992 WL 185820
...otion to dismiss or transfer venue was served on October 4, 1991. The withdrawal of the foreclosure count by Eagle in the early stages of this litigation has changed the litigation into an action on a promissory note which involves the provisions of section 47.061, Florida Statutes (1991)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2877, 1990 WL 51714
HARRIS, Judge. Charles E. and Rosita Posey appeal an order transferring venue from Orange County to Okaloosa County on an action involving a note executed in Okaloosa County by residents of that county. We affirm. Section 47.061, Florida Statutes (1989) mandates that venue be in Okaloosa County....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6598
...sory note sued upon in this action. We find this appeal to be without substantial merit so the challenged order is affirmed and the appeal dismissed. 3 JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur. . Rule 1.060(b), R.C.P., 30 F.S.A. . F.S. § 47.061, F.S.A....
