Winter v. Curtis, 74--1375
| Decision Date | 15 April 1975 |
| Docket Number | No. 74--1375,74--1375 |
| Citation | 311 So.2d 815 |
| Parties | E. J. WINTER, on his own behalf and on behalf of all others similarly situated, Appellant, v. Clayton C. CURTIS et al., Appellees. |
| Court | Florida District Court of Appeals |
David Cerf, Jr., Miami, for appellant.
Tew, Tew & Murray, Miami, for appellees.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
Plaintiff-appellant seeks review of the trial court's order dismissing plaintiff's amended complaint for improper venue.
The trial court having determined (1) that defendant Curtis, the only defendant served in this action, did not reside in Dade County, and (2) that no allegations in the complaint made it appear that any cause of action accrued in Dade County, we conclude the trial court was correct in dismissing the subject complaint for improper venue with leave to refile same in Alachua 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 290.
Accordingly, the order herein appealed is affirmed.
Affirmed.
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Barr v. Barr, 76--2222
...dispositive of the venue issue in this case, and we find that the only county in which venue is proper is Broward. See Winter v. Curtis, 311 So.2d 815 (Fla.3d DCA 1975), and Auritt v. Auritt, 334 So.2d 68 (Fla.3d DCA Therefore, the trial court erred in denying the husband's motion to transf......
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Evans v. Boggess, 77-1145
...to transfer and that the trial court improperly denied the motion. See Barr v. Barr, 343 So.2d 1326 (Fla. 3d DCA 1977); Winter v. Curtis, 311 So.2d 815 (Fla. 3d DCA 1975); Allen v. Summers, 273 So.2d 13 (Fla. 3d DCA 1973); and Sections 47.011 and 47.051, Florida Statutes Therefore, the orde......
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Perkins v. Santa Cruz Const., Inc., 85-358
...the failure of the plaintiff to properly show venue would result in a transfer to the residence of the defendant. See Winter v. Curtis, 311 So.2d 815 (Fla. 3d DCA 1975). Accordingly, we reverse the lower court's denial of Perkins' motion for transfer of venue, and remand for transfer of thi......