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Frankel Group, Inc. v. BA Mortgage & International Realty, Inc.

District Court of Appeal of Florida, Second District
Dec 27, 1985
480 So. 2d 230 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-1693.

December 27, 1985.

Appeal from the Circuit Court, Hillsborough County, Thomas A. Miller, J.

Michael J. Gelfand of Becker, Poliakoff Streitfeld, P.A., Fort Lauderdale, for appellant.

John H. Rains, III and Nicholas J. Hennessy of Annis, Mitchell, Cockey, Edwards Roehn, P.A., Tampa, for appellee.


We affirm the trial court's denial of codefendant's motion for transfer of venue in this suit for commissions by a real estate broker, whose business office is located in Hillsborough County. We agree with the apparent ruling of the trial court that the alleged cause of action arose in Hillsborough County because this is a suit on an alleged obligation to pay money and, since apparently no place of payment was expressly agreed upon, payment is to be made where the payee maintains its business office. See U.S.H. Properties Corp. v. Intercoastal Investments, Inc., 331 So.2d 385, 387 (Fla. 2d DCA 1976). See also Carter Realty Co. v. Roper Brothers Land Co., Inc., 461 So.2d 1029 (Fla. 5th DCA 1985).

CAMPBELL, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.


Summaries of

Frankel Group, Inc. v. BA Mortgage & International Realty, Inc.

District Court of Appeal of Florida, Second District
Dec 27, 1985
480 So. 2d 230 (Fla. Dist. Ct. App. 1985)
Case details for

Frankel Group, Inc. v. BA Mortgage & International Realty, Inc.

Case Details

Full title:THE FRANKEL GROUP, INC., A FLORIDA CORPORATION, APPELLANT, v. BA MORTGAGE…

Court:District Court of Appeal of Florida, Second District

Date published: Dec 27, 1985

Citations

480 So. 2d 230 (Fla. Dist. Ct. App. 1985)

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