Aquaco, Inc. v. Hopkin, 75--987
| Decision Date | 09 December 1975 |
| Docket Number | No. 75--987,75--987 |
| Parties | AQUACO, INC., a corporation, Appellant, v. Norma HOPKIN d/b/a Tropical Fish Warehouse and Northwest Miami Tropical Wholesalers, Inc., Appellees. |
| Court | Florida District Court of Appeals |
Krongold & Bass and Theodore Bayer, Miami, for appellant.
Emanuel Sponder, Miramar, for appellees.
Before HENDRY, HAVERFIELD and NATHAN, JJ.
Aquaco, Inc., plaintiff in the trial court, appeals from an order granting defendants' motion to transfer, which motion asserted the defense of improper venue.
The sole question presented on this interlocutory appeal is whether the defendants waived their privilege of venue when they did not file a timely motion therefor or claim the privilege in their answer but asserted the venue privilege, apparently under § 47.011, Fla.Stat., by motion filed subsequent to the answer. We hold that defendants' privilege of venue is deemed waived. Brennan v. Brennan, Fla.App.1966, 192 So.2d 782; Singer v. Tobin, Fla.App.1967, 201 So.2d 799; Fixel v. Clevenger, Fla.App.1973, 285 So.2d 687.
The trial court's order of transfer is reversed.
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Valle v. Mador, 85-1075
...privilege in a responsive pleading or in a timely motion, Finkelstein v. Godard, 404 So.2d 831 (Fla. 3d DCA 1981); Aquaco, Inc. v. Hopkin, 323 So.2d 678 (Fla. 3d DCA 1975); Fla.R.Civ.P. 1.140(h), or by stipulation, agreement, or consent. Ringling Bros. Barnum & Bailey Combined Shows, Inc. v......
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Sanders v. Inversiones Varias, S.A. (Invasa), 84-89
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...instead for a subsequently filed motion for change of venue. As the rule makes clear, the defense was waived. See Aquaco, Inc. v. Hopkin, 323 So.2d 678, 679 (Fla. 3d DCA 1975)(finding that the defendants waived their venue privilege when "they did not file a timely motion therefor or claim ......
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MacDonald v. MacDonald, AV-6
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