Opinion
No. 79-1809.
April 1, 1980.
Appeal from the Circuit Court, Dade County, Jack M. Turner, J.
William H. Roundtree, Cocoa, for appellant.
Fowler, White, Burnett, Hurley, Banick Strickroot and Michael J. Murphy, Miami, for appellee.
Before HENDRY, HUBBART and SCHWARTZ, JJ.
The plaintiff appeals from an order dismissing, for improper venue, an action on an insurance policy issued by the defendant-appellee. The record shows, and the carrier admits, that it is a foreign corporation which is not doing business in Florida. Since this is the case, the defendant has no venue privilege, and a transitory action like this one may therefore be maintained against it in any county in the state. § 47.011, Fla. Stat. (1977); Hollywood Memorial Park, Inc. v. Rosart, 124 So.2d 712 (Fla. 3d DCA 1960); cf. § 47.051, Fla. Stat. (1977). Accordingly, we reverse the order below, without prejudice to the consideration by the trial court of any appropriate defense motion to transfer the cause under the "forum non conveniens" statute. § 47.122, Fla. Stat. (1979).
Reversed and remanded.