First Intern. Realty Inv. Corp. v. Cochran
| Decision Date | 27 May 1975 |
| Docket Number | No. 74--1764,74--1764 |
| Parties | FIRST INTERNATIONAL REALTY INVESTMENT CORPORATION, a Florida Corporation, formerly known as First National Realty Investment Corp., Appellant, v. Robert L. COCHRAN, Appellee. |
| Court | Florida District Court of Appeals |
Wolf & Schoninger and David R. Weissman, Miami, for appellant.
Storm, Pappas & Krasny and Joseph S. Gillin, Jr., Melbourne, for appellee.
Before PEARSON, HAVERFIELD and NATHAN, JJ.
Plaintiff takes this interlocutory appeal from the trial court's order transferring this action to Brevard County.
First International Realty Investment Corporation, a mortgage broker, is a Florida corporation licensed to do business in Dade County, Florida. On June 5, 1973 this corporation entered into a written agreement with Robert L. Cochran whereby the corporation was designated as the exclusive agent for Cochran in securing a loan commitment for a project known as Beach Winds Tower Condominium Apartments located in Indialantic, Brevard County, Florida. In August of that year, First International secured a loan commitment which was signed and accepted by Robert Cochran. Thereafter, statements of account from First International's Dade County office were sent to Mr. Cochran who failed to make any payment thereon. The corporation then instituted the present action in Dade County to recover the monies due under the June 5, 1973 contract. In response thereto, the defendant Cochran filed a motion to dismiss and an alternate motion to transfer the cause of action to Brevard County on the grounds of improper venue. Attached thereto was the affidavit of Cochran who alleged therein that (1) he was a resident of Brevard County; (2) he has no office or residence in Dade County nor has he conducted any of the business transactions giving rise to this litigation in Dade County; (3) the mortgage loan commitment was to be furnished to him in Brevard County; and (4) plaintiff, First International Realty Investment Corporation, failed to deliver a commitment acceptable to him in accordance with the agreement of the parties.
After hearing oral argument thereon, the trial judge denied the motion to dismiss and then entered an order directing that the cause of action be transferred to Brevard County. Plaintiff corporation appeals therefrom. We reverse.
The following rule which firmly is established in Florida is dispositive of the question presented in this...
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