Sentry Indem. Co. v. Angel & Son, Inc.
| Decision Date | 07 May 1976 |
| Docket Number | No. 75--1341,75--1341 |
| Citation | 332 So.2d 83 |
| Parties | SENTRY INDEMNITY COMPANY, Appellant, v. ANGEL & SON, INC., a Florida Corporation, et al., Appellees. |
| Court | Florida District Court of Appeals |
R. Edward Cooley, of Graham, Markel & Scott, Winter Park, for appellant.
No appearance for appellees.
This interlocutory appeal involves the propriety of the trial court's order transferring this cause from Orange County to Broward County.
Appellee Angel & Son, Inc., entered into a contract to construct a sidewalk for the City of Fort Lauderdale in Broward County, Florida. Pursuant to that contract Angel & Son, Inc., furnished a performance bond with appellant as surety. As a condition precedent to the issuance of the bond the corporate appellee and the individual appellees executed an agreement to indemnify appellant for any loss accruing to appellant by virtue of its acting as surety.
One of the subcontractors recovered a judgment against both appellant and the corporate appellee for labor and materials furnished on the construction project, and in due course appellant satisfied the judgment. This suit for indemnity was then instituted by appellant in Orange County. Appellees moved to transfer the case to Broward County, asserting that the construction contract was entered into in Broward County, the construction project was in Broward County, and the defendant-appellees were all residents of said county. Plaintiff-appellant, a foreign corporation, countered the motion by affidavit stating that the regional office for the plaintiff is located in Orlando, Orange County, Florida. The trial court granted the motion and ordered the cause transferred to Broward County.
Essentially appellant is suing appellees for money owed as a result of the indemnity contract. The contract does not provide for the place of payment; therefore payment (if due) is to be made where the payee resides or has an established place of business. Baruch v. W. B. Haggerty, Inc., 137 Fla. 799, 188 So. 797 (1939); Saf-T-Clean, Inc. v. Martin-Marietta Corporation, Fla.1967, 197 So.2d 8.
Under the rule set forth in the foregoing cases appellant's cause of action (if any) accrued in Orange County. Venue therefore lies in Orange County, and the court erred in transferring the cause to Broward County.
For the foregoing reasons, the order appealed from is reversed and the cause is remanded for further proceedings.
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State Dept. of Transp. v. San Marco Contracting Co.
...argued, and as in other contract cases the place of payment establishes where the cause of action accrues. Sentry Indemnity Co. v. Angel & Son, Inc., 332 So.2d 83 (Fla. 4th DCA 1976). See also Duggan v. Tomlinson, 174 So.2d 393 (Fla.1965), to the effect that an action on an implied contract......
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Sundor Brands, Inc. v. Groves Co., Inc.
...under a contract, the cause of action "accrues", for venue purposes, where payment was to have been made. Sentry Indem. Co. v. Angel & Son, Inc., 332 So.2d 83 (Fla. 4th DCA 1976). Where, as here, a contractually incurred obligation to pay money is the performance called for in the contract,......
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Matey v. James H. Pruitt Real Estate, Inc.
...Reinman, Harrell, Silberhorn, Moule & Graham, P.A., Melbourne, for appellee. PER CURIAM. AFFIRMED. See Sentry Indemnity Company v. Angel & Son, Inc., 332 So.2d 83 (Fla. 4th DCA 1976). COBB, C.J., and SHARP and COWART, JJ., ...