Opinion
July 18, 1952. Rehearing Denied October 14, 1952.
Petition from the Circuit Court, Duval County, Edwin L. Jones, J.
Hampton, Bull Crom and William C. Pierce, Tampa, for petitioners.
Jennings, Watts, Clarke Hamilton; Olin E. Watts and William A. Hamilton, Jacksonville, for respondents.
This is heard on motion to dismiss a petition for an interlocutory writ of certiorari from an order of the Circuit Court of Duval County, Florida, denying a plea of privilege by petitioners (defendants below) to be sued in Hillsborough County, Florida, and motion to dismiss based on such plea, and order granting a temporary injunction against them from holding a proposed stockholders' meeting of the petitioner Central Life Insurance Company of Florida and staying further proceedings in this cause in the Court below until final disposition of this petition for certiorari.
The bill alleges that the Central Life Insurance Company of Florida "Has and usually keeps an office for the transaction of its customary business in Duval County, Florida." The answer of the defendants admits that "It has and usually keeps an office for the transaction of portion of its customary business in the City of Jacksonville, County of Duval and State of Florida."
The answer also states the truth to be that its principal place of business and its home office are located at No. 1416 North Boulevard in the City of Tampa, County of Hillsborough, State of Florida, and that it never had its home office or principal place of business in Duval County, Florida; that its charter provides that its principal place of business shall be in the City of Tampa, Hillsborough County, Florida, but that "Branch offices, agencies or other places of business may be established in any part of the State of Florida."
The Central Life Insurance Company of Florida "claims and pleas its privilege of being sued in Hillsborough County, Florida."
Certain individuals are also defendants, who are alleged to be stockholders of the Central Life Insurance Company of Florida, who are made defendants individually and as representatives of the class of which they are members, namely, all the stockholders of such company other than the parties plaintiff.
Two of these defendants live in Duval County, Florida; three in Hillsborough County, Florida, and others in other Counties of this State.
The applicable Statute, Section 46.04, Fla.Stats.Ann., reads:
"Suits against domestic corporations shall be commenced only in the county (or justice's district) where such corporation shall have or usually keep an office for the transaction of its customary business, or where the cause of action accrued, or where the property in litigation is located; * * *."
The hearing before the lower Court was on the pleadings.
Defendants' (Petitioners' here) answer states that the Central Insurance Company of Florida "Has and usually keeps an office for the transaction of its customary business" in Duval County, Florida.
That is enough to come within the statutory requirement that suit shall be brought in the County where a domestic corporation "Shall have or usually keep an office for the transaction of its customary business."
Any corporation that has more than one office for the transaction of its customary business can do only a part of such business in each such office. See Prince v. J. Ray Arnold Lumber Co., 105 Fla. 365, 141 So. 172.
In the case of Okeechobee Co. v. Rambo, 103 Fla. 687, 138 So. 761, the company had no office in Dade County, Florida, for the transaction of any of its business at the time the suit was brought.
Since the suit is brought in Duval County, Florida, as to the defendant Central Insurance Company of Florida, it is not necessary to pass on the other questions of venue.
Decree of the lower Court is affirmed.
SEBRING, C.J., and ROBERTS and MATHEWS, JJ., concur.