Larson v. R. K. Cooper Inc.
| Decision Date | 16 November 1954 |
| Citation | 75 So.2d 757 |
| Parties | J. Edwin LARSON, State Treasurer and Insurance Commissioner, Petitioner, v. R. K. COOPER, Incorporated, Respondent. |
| Court | Florida Supreme Court |
Richard W. Ervin, Atty. Gen., Howard S. Bailey, Phillip Goldman, Asst. Atty. Gen., Miami, for petitioner.
Welsh, Cornell & Ross, Miami, for respondent.
Smathers, Thompson, Maxwell & Dyer, Miami, amicus curiae.
The petitioner has filed an interlocutory appeal by certiorari in this cause seeking a review of an order made by the Circuit Judge denying his motion to dismiss for the reason that petitioner is the Treasurer and Insurance Commissioner of the State of Florida and can only be sued in the county of his official residence.
The respondent was an insurance agent and filed a bill questioning the validity of certain rules promulgated by the petitioner concerning anti-coercion in relation to placing of insurance on mortgaged property. The respondent claimed that the rules were unauthorized and inconsistent with the provisions of F.S. § 627.92, F.S.A. It then goes on to show that in Dade County the lenders of money apply such rules in a manner which deprives respondent from furnishing insurance coverage required of the borrowers. By reason of these rules and the application thereof by money lenders, the respondent claims that it has suffered and continues to suffer loss of a great amount of income to its irreparable damage.
The bill of complaint fails to show that the petitioner has engaged in any action, administrative or otherwise, or has made any threat to engage in any action, against the respondent.
The petitioner filed his motion to dismiss because of improper venue, claiming the right to be sued in his official residence located at the seat of government in Tallahassee, Leon County, Florida.
It appears that the rules complained of were promulgated in Tallahassee and if respondent is a proper party to bring this suit, venue is proper in Leon County unless the action falls within one of the well known exceptions.
In the case of Dowdy v. Lawton, Fla., 72 So.2d 50, 51, the Board of Dispensing Opticians adopted certain rules and regulations. Suit was brought in Pinellas County seeking a construction of the rules and a determination as to whether or not said rules were lawful. Motion to dismiss was filed upon the ground of improper venue because the Board's official residence was at the seat of government and at the City of Tallahassee, County of...
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Williams v. Ferrentino
...1948, 160 Fla. 273, 34 So.2d 543; Game and Fresh Water Fish Commission v. Williams, 1946, 158 Fla. 369, 28 So.2d 431; Larson v. R. K. Cooper, Inc., Fla.1954, 75 So.2d 757, and Henderson v. Gay, Fla. 1951, 49 So.2d However, there are two exceptions, important here, to the foregoing general r......
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Paxson v. Collins
...Lichtenberg, Fla.1953, 67 So.2d 655; Florida Real Estate Commission v. State ex rel. Bodner, Fla.1954, 75 So.2d 290; Larson v. R. K. Cooper, Inc., Fla.1954, 75 So.2d 757; East Coast Grocery Company v. Collins, Fla. 1957, 96 So.2d 793. The motion of the Trustees was granted, the cause was di......
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Finley-Green Joint Venture v. State Dept. of Natural Resources, FINLEY-GREEN
...Court of Leon County. We have concluded that, under the facts of this case, the trial court did not err. See, e. g., Larson v. Cooper, 75 So.2d 757 (Fla.1954); McCarty v. Lichtenberg, 67 So.2d 655 (Fla.1953); Flanagan v. Department of Health and Rehabilitative Services, 314 So.2d 235 (Fla. ......
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Winter v. Curtis, 74--1375
...County, the residence of defendant Curtis, or such other county that plaintiff would choose. See § 47.011, Fla.Stat., F.S.A. and Larson v. Cooper, Fla.1954, 75 So.2d 757; Florida Real Estate Commission v. Bodner, Fla.1954, 75 So.2d Accordingly, the order herein appealed is affirmed. Affirmed. ...