Weiner v. Prudential Mortg. Investors, Inc., 89-2277
| Decision Date | 06 March 1990 |
| Docket Number | No. 89-2277,89-2277 |
| Citation | 557 So.2d 912 |
| Parties | 15 Fla. L. Weekly D616 Irwin J. WEINER and Druck, Hicks and Weiner, a Florida General Partnership, Appellants, v. PRUDENTIAL MORTGAGE INVESTORS, INC., a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
George, Hartz & Lundeen, and Esther E. Galicia, Coral Gables, for appellants.
John T. Longino and Gary Pollack, Coral Gables, for appellee.
Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.
The appellants are attorneys who reside and practice in Marion County. They were sued in Dade County by the appellee, which does business here, for breach of contract and legal malpractice in failing, as they had promised, to file a foreclosure action and otherwise to protect the plaintiff's interest in real estate located in Alachua County. The defendants appeal from the denial of their motion to transfer the case on the ground that the Dade County venue was improper. We reverse.
Since none of the defendants are residents of Dade County, the action may be maintained here only if one or more of the causes of action sued upon accrued in this county. See Tucker v. Fianson, 484 So.2d 1370 (Fla. 3d DCA 1986), review denied, 494 So.2d 1153 (Fla.1986); § 47.011, Fla.Stat. (1989) (). That is not the case. The breach of contract action based upon the failure of the attorneys to provide legal services as they had agreed arose where those services were to be performed; 1 that is, where the foreclosure action was to have been filed in Alachua County. See Ivey v. Padgett, 502 So.2d 22 (Fla. 5th DCA 1986) (). The legal malpractice claim similarly accrued in Alachua County, where the defendants' alleged negligence had its impact and caused damage to the plaintiff's property located there. Tucker, 484 So.2d at 1370.
Accordingly, the order under review is reversed with directions to transfer the action, at the plaintiff's option, either to Marion or Alachua County.
1 The appellee attempts to construct a claim based on the alleged breach of a contract to correctly inform it of the progress of the Alachua County case, which it claims arose where it received false communications to that effect in Dade County. This breach of...
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Rolinski v. Lewis
...have divided on the issue. Some courts look to the place where the plaintiff was harmed. See Weiner v. Prudential Mort. Investors, Inc., 557 So.2d 912, 913 (Fla.Dist.Ct.App. 1990); Ebell v. Seapac Fisheries, 692 P.2d 956, 958 (Alaska 1984). Other courts look to the place where the negligenc......
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Rolinski v. Lewis
...have divided on the issue. Some courts look to the place where the plaintiff was harmed. See Weiner v. Prudential Mort. Investors, Inc., 557 So.2d 912, 913 (Fla. Dist. Ct. App. 1990); Ebell v. Seapac Fisheries, 692 P.2d 956, 958 (Alaska 1984). Other courts look to the place where the neglig......
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McGuire v. Fitzsimmons
...(venue is proper in the district in which the "claim arose," which is the place of plaintiff's injury) and Weiner v. Prudential Mortgage Investors, Inc., 557 So.2d 912 (Fla.App.1990) (venue for legal malpractice action is where services were to be performed, that is, where the suit was to b......
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Wincor v. Cedars HealthCare Group, Ltd., 96-3761
...v. Leff, 323 So.2d 602, 602 (Fla. 4th DCA 1975) (personal injury action accrued where injury occurred); Weiner v. Prudential Mortgage Investors, Inc., 557 So.2d 912 (Fla. 3d DCA 1990) (legal malpractice claim accrued where attorney's alleged negligence caused damage to plaintiff's property)......
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3-3 Means for Determining Proper Forum
...properly venued where last event necessary to make the defendant liable took place).[15] Weiner v. Prudential Mortg. Investors, Inc., 557 So. 2d 912 (Fla. 3d Dist. Ct. App. 1990).[16] Weiner v. Prudential Mortg. Investors, Inc., 557 So. 2d 912, 913 n.1 (Fla. 3d Dist. Ct. App. 1990).[17] Roc......