Tropicana Pools, Inc. v. Brown, 72-581
Decision Date | 13 December 1972 |
Docket Number | No. 72-581,72-581 |
Citation | 270 So.2d 751 |
Parties | TROPICANA POOLS, INC., a Florida corporation, Appellant, v. Earl BROWN and Gloria Brown, Appellees. |
Court | Florida District Court of Appeals |
Lawrence J. Phalin, of Mateer & Harbert, Orlando, for appellant.
Thomas K. Boardman, of Sapp & Boardman, Immokalee, for appellees.
Appellees brought suit against Tropicana Pools, Inc., a Florida corporation, asking for damages in the amount of $569.60, which represented a deposit in payment for the construction of a swimming pool. This action was brought as result of a contract entered into between the pool company and the appellees. The contract contained the following provision:
"It is agreed by the owner that any claim either under this contract or under the warranty hereinabove set forth, shall be brought only in the appropriate Court in Orange County, Fla."
Appellant filed a motion to dismiss for lack of venue which motion was denied. The trial judge, in his order denying the motion to dismiss, said among other things:
"[D]efendant's motion to dismiss was denied based on the fact that the parties cannot contract away the court [sic] jurisdiction."
It therefore appears that the trial judge mistook venue for jurisdiction. This being a question of venue it is governed by Deeb v. Board of Public Instruction, Fla.App.1967, 196 So.2d 22, and the court erred in denying the motion to dismiss for lack of venue.
Reversed and remanded with directions consistent with this opinion.
To continue reading
Request your trial-
Carbone v. Value Added Vacations, Inc.
...8.3 that it "contains the entire agreement between the parties...." 2. The defendants inexplicably rely on Tropicana Pools, Inc. v. Brown, 270 So.2d 751 (Fla. 2d DCA 1972) in asserting that paragraph 7 is simply a jurisdiction as opposed to a venue selection clause. In Tropicana the contrac......
-
Honea v. Walker Chemical & Exterminating Co., Inc., 79-188
...Inc. v. Harz, 149 Fla. 594, 6 So.2d 375 (1942); Felkel v. Abernethy, 112 Fla. 358, 150 So. 631 (1933). See also, Tropicana Pools, Inc. v. Brown, 270 So.2d 751 (Fla.2d DCA 1972). Appellant's reliance on Gates v. Stucco Corp., 112 So.2d 36 (Fla.3d DCA 1959) and on Huntley v. Alejandre, 139 So......
-
Business Aide Computers, Inc. v. Central Florida Mack Trucks, Inc.
...contract develops. See, e.g., Honea v. Walker Chemical & Exterminating Co., 393 So.2d 1210 (Fla. 5th DCA 1981); Tropicana Pools, Inc. v. Brown, 270 So.2d 751 (Fla. 2d DCA 1972); Deeb, Inc. v. Board of Public Instruction, 196 So.2d 22 (Fla. 2d DCA The question presented by this appeal is whe......
-
Winter v. Kawasaki
...transferring venue. See Derrick & Assocs. Pathology, P.A. v. Kuehl, 617 So.2d 866 (Fla. 5th DCA 1993). See also Tropicana Pools, Inc. v. Brown, 270 So.2d 751 (Fla. 2d DCA 1972). Although it does not affect the disposition of these consolidated appeals, we agree with Mrs. Winter's contention......