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Hewitt v. Russo Graham

District Court of Appeal of Florida, First District
Nov 22, 1999
745 So. 2d 497 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1533.

Opinion filed November 22, 1999.

An appeal from the Circuit Court for Escambia County, Terry D. Terrell, Judge.

John D. O'Brien, Panama City, for Appellant.

M. Robert Blanchard, Pensacola, for Appellees.


AFFIRMED. Although this suit involves a contract for legal services, the breach alleged was not of the service covenant, but rather was of the covenant to pay money for services rendered. Since the contract did not specify a place for payment, the general rule applies that the money was payable at the creditor's residence, which in this case was Escambia County. See Sunshine Yacht Sales, Inc. v. Bob Anslow Yacht Sales, Inc., 669 So.2d 342 (Fla. 3d DCA 1996). Thus, the trial court did not abuse its discretion in denying appellant's motion to dismiss the complaint for improper venue, because Escambia County was a proper venue selection.

AFFIRMED.

ERVIN, LAWRENCE and PADOVANO, JJ., CONCUR.


Summaries of

Hewitt v. Russo Graham

District Court of Appeal of Florida, First District
Nov 22, 1999
745 So. 2d 497 (Fla. Dist. Ct. App. 1999)
Case details for

Hewitt v. Russo Graham

Case Details

Full title:KRISTI G. HEWITT, Appellant, v. RUSSO GRAHAM and LEVIN, MIDDLEBROOKS…

Court:District Court of Appeal of Florida, First District

Date published: Nov 22, 1999

Citations

745 So. 2d 497 (Fla. Dist. Ct. App. 1999)