Lane v. HEMOPHILIA OF THE SUNSHINE STATE INC., 2D00-1784.

• Decision Date: 09 February 2001
• Docket Number: No. 2D00-1784.,2D00-1784.
• Citation: 793 So.2d 992
• Parties: James L. LANE, David Madeiros, and Lawrence Madeiros, Appellants, v. HEMOPHILIA OF THE SUNSHINE STATE, INC., Appellee.
• Court: Florida District Court of Appeals

793 So.2d 992

James L. LANE, David Madeiros, and Lawrence Madeiros, Appellants, v. HEMOPHILIA OF THE SUNSHINE STATE, INC., Appellee.

No. 2D00-1784.

District Court of Appeal of Florida, Second District.

February 9, 2001.

Atlas Pearlman, Fort Lauderdale, for Appellants.

Jonathan C. Koch, Tampa, for Appellee.

SALCINES, Judge.

James L. Lane, David Madeiros and Lawrence Madeiros ("the defendants") appeal the nonfinal order denying their motion to transfer venue from Pinellas County to Broward County. Because the causes of action filed against them by Hemophilia of the Sunshine State, Inc. ("HOSS"), did not support venue in Pinellas County on any basis set forth in section 47.011, Florida Statutes (1999), we reverse.

HOSS supplied blood clotting products to hemophiliacs in Florida, along with professional advice, associated care, nursing services, and other products and services for its patients. The defendants were employed by HOSS in various capacities. In May, August, and September of 1998, during the course of their employment with HOSS, each defendant executed a noncompete and a nondisclosure agreement. Within about a year, each defendant resigned from HOSS. Mr. David Madeiros resigned in early July 1999, and Mr. Lawrence Madeiros and Mr. James Lane resigned about two days later. Each of the defendants subsequently became employed by Coram Healthcare Corporation ("Coram"), a business which competed with HOSS.

HOSS filed a multiple-count complaint in Pinellas County, Florida, asserting a variety of causes against each defendant. Counts I IX were lodged against the defendants, individually, and consisted of three counts against each defendant. These included claims for injunctive relief based on the alleged violations of the noncompete and nondisclosure covenants signed by each defendant as well as claims for injunctive relief to prevent the misappropriation of trade secrets by each defendant. Finally, in count X, HOSS sought compensatory damages against the defendants, jointly and severally, resulting from an alleged civil conspiracy. Specifically, count X contained an allegation that the defendants had conspired "to divert the business of HOSS to its competitor Coram by resigning their employment with HOSS simultaneously, by violating their contractual duties to HOSS thereby engaging in unlawful competition, by misappropriating HOSS' trade secrets and customer goodwill and by attempting to transfer them to its direct competitor." In that count, HOSS asserted that the defendants "represented almost the entire internal marketing and sales capability of HOSS at the time of their departure" and that they "jointly possess a greater power to divert the business of HOSS to its competitor than any of them would have possessed individually."

Each allegation contained in the complaint asserted, as its factual basis, conduct which had occurred somewhere in the State of Florida. However, except for the general venue declaration and the allegation that HOSS had its principal place of business in Pinellas County, HOSS did not allege any facts which specifically related to conduct in a particular county. Further, the complaint contained specific allegations that the defendants resided in locations other than Pinellas County—one resided in Broward County, another in Palm Beach County, and the other had resided in Palm Beach County but had since moved to Mayfield, New York. Finally, the noncompete and nondisclosure agreements, which were attached to the complaint, were completely silent as to the place of signing, selection of venue, or choice of law.

The defendants filed a motion to transfer venue exclusively on the ground that venue was improper in Pinellas County. In response to their motion, HOSS filed a declaration by its president, testifying that defendant David Madeiros came to the HOSS offices in Oldsmar, Pinellas County, Florida, in person, to resign his employment. That declaration also attested that the president had subsequently received letters of resignation from the other two defendants, but did not indicate where such letters were mailed or received. Each defendant filed an affidavit attesting, among other things, that he was employed by the new employer, Coram, but not in Pinellas County; that he had not contacted any HOSS patients in Pinellas County or elsewhere in Florida; that he had not provided any services to Coram in Pinellas County; and, that his employment with Coram did not require him to perform any services in Pinellas County. Following a hearing, the motion to transfer venue was denied. The denial of that motion was incorrect as a matter of law.

The general venue statute controls all actions brought under the common law or pursuant to a statute not containing specific provisions concerning venue; however, certain exceptions to the venue provisions found in chapter 47 have been created. See Gaboury v. Flagler Hosp., Inc., 316 So.2d 642 (Fla. 4th DCA 1975)

. HOSS does not contend that any of those exceptions are applicable. Instead, HOSS looks to the general venue statute to support the trial court's determination that venue was proper in Pinellas County.

The general venue statute, section 47.011, Florida Statutes (1999), provides: "Actions shall be brought only in the county where the defendant resides, where the...