Winter v. Curtis

Full title: E.J. WINTER, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY…

Court: District Court of Appeal of Florida, Third District

Date published: May 13, 1975

311 So. 2d 815 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-1375.

April 15, 1975. Rehearing Denied May 13, 1975.

Appeal from the Circuit Court for Dade County, Dan Satin, J.

David Cerf, Jr., Miami, for appellant.

Tew, Tew Murray, Miami, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

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.