Vann v. First Nat. Bank in Little Rock, 75--947
| Decision Date | 16 December 1975 |
| Docket Number | No. 75--947,75--947 |
| Citation | 324 So.2d 94 |
| Parties | A. Fred VANN, Appellant, v. FIRST NATIONAL BANK IN LITTLE ROCK, a national banking institution, Appellee. |
| Court | Florida District Court of Appeals |
Starr W. Horton, Miami, for appellant.
Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and W. Sam Holland, Miami, for appellee.
Before PEARSON, HENDRY and NATHAN, JJ.
NATHAN Judge.
This is an interlocutory appeal by appellant, A. Fred Vann, plaintiff in the trial court, from an order dismissing appellee, First National Bank in Little Rock, as a party defendant on the ground of improper venue.
Vann brought suit against certain individual residents of Dade County, Florida, formerly doing business as Barnes Detective Agency Automobile Recovery Bureau, Inc., a Florida corporation, and First National Bank in Little Rock, alleging certain illegal and tortious acts committed by the bank's agent, Barnes Auto Recovery Bureau, Inc., in Dade County, against Vann, growing out of a repossession by Barnes Auto Recovery of an automobile owned by Vann.
The bank filed its motion to dismiss, asserting its privilege of venue under 12 U.S.C., § 94. 1 Vann contends that the venue privilege was waived because the bank did not raise the issue of privilege in its initial motion to dismiss but rather by a second motion to dismiss filed while the former was pending but had not been argued before the court. We find that the motion to dismiss as to venue was timely made. See Rule 1.140 R.C.P. The law is well established that the venue privilege may be waived. First National Bank of Charlotte, North Carolina v. Morgan, 132 U.S. 141, 10 S.Ct. 37, 33 L.Ed. 282; Michigan National Bank v. Robertson, 372 U.S. 591, 83 S.Ct. 914, 9 L.Ed.2d 961. The question of waiver of this privilege has been determined on a case by case basis, Am.Jur., Venue (1st Ed) § 46. The primary purpose of 12 U.S.C., § 94 was to prevent inconvenience and interruption in the conduct of the bank's business which might result from removal of records to a foreign district for purposes of defending a lawsuit. Northside Iron & Metal Company, Inc. v. Dobson & Johnson, Inc., 5th Cir. 1973, 480 F.2d 798, 800. Suits against banks were limited to the place where the bank was established because this is where the bank was 'found' and its records were there.
When a bank 'locates' itself in another jurisdiction for the limited transaction of business and commits tortious...
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Landmark Bank of West Broward, N.A. v. Giroux
...So.2d 81 (Fla. 1st DCA), cert. denied, 339 So.2d 1167 (Fla.1976), a case in which the court had followed Vann v. First National Bank in Little Rock, 324 So.2d 94 (Fla. 3d DCA 1975). The venue waiver question was then certified to A waiver of the federal venue privilege is shown by conduct d......
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Robertson v. Union Planters Nat. Bank of Memphis, Tenn.
...v. Superior Court, Co. of Contra Costa, 23 Cal.App.3d 1, 99 Cal.Rptr. 823 (1972). For similar results, see Vann v. First National Bank in Little Rock, 324 So.2d 94 (Fla.App.1975). However, in a case similar to the facts before us, the contrary was held. There, a Nevada National Bank had fin......
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Landmark Bank of West Broward v. Giroux, EE--366
...Appellant's motion to abate or transfer based upon 12 U.S.C. § 94 was denied by the trial court which relied upon Vann v. First National Bank, 324 So.2d 94 (Fla.3d DCA 1975). By judicial interpretation, the provisions of 12 U.S.C. § 94, though couched in permissive language, are mandatory. ......