Florida/Georgia Personal Injury & Workers Compensation

applicability of Frye." Ehrhardt, Florida Evidence § 702.4 (1997 Edition). Flanagan was followed by the court's

Ct. 651, 19 L.Ed.2d 787 (1968). [3] 5 U.S.C. § 702. [4] Association of Data Processing Service Organizations

...The local action rule is one of subject matter jurisdiction, not venue, and subject matter jurisdiction cannot be conferred by waiver or consent. Board of Trustees of Internal Improvement Trust Fund of State v. Mobil Oil Corp . The exception to this rule, found in Florida Statute § 702.04 (1995), provides that when a mortgage encumbers lands in two or more counties a foreclosure of the mortgage may be brought in any of such counties....

...ere the property in litigation is located. See also Goedmakers v. Goedmakers, 520 So.2d 575 (Fla.1988). This is commonly referred to as the "local action rule." The Legislature, however, has created an exception to the local action rule, codified at section 702.04, Florida Statutes, which provides, in pertinent part: When a mortgage includes lands....

may be foreclosed in any one of said counties.” § 702.04, Fla. Stat. (2019).

Charles W. Ehrhardt, 1 Fla. Prac., Florida Evidence § 702.4 (2022 ed.))); Gordon v. Smith, 615 So. 2d 843,

...However, an exception to the local action rule provides that “[w]hen a mortgage includes lands ... lying in two or more counties, it may be foreclosed in any one of said counties, and all proceedings shall be had in that county as if all the mortgaged land ... lay therein.” § 702.04, Fla....

...Here, Frym notes that, as in Hudlett , the mortgage at issue encumbers land only in Hillsborough County. Thus, Frym *454 argues, the Pinellas County court lacks subject matter jurisdiction to foreclose on that mortgage because the plain language of section 702.04 does not apply when separate mortgages encumbering lands in separate counties are involved....

...tion. In support, the court explained that the mortgage follows the debt and that thus the two mortgages here should be construed as one instrument. We agree with the trial court’s reasoning and hold that this case does fall under the umbrella .of section 702.04 and should be handled accordingly for , the duration of the proceedings....

...by the mortgage being foreclosed, and (3) whether the trial court erred in entering a deficiency decree for the plaintiff. The property sold pursuant to foreclosure of the November mortgage involved parcels located in both Dade and Broward counties. Section 702.04, Fla.Stat., F.S.A....