Boca Research, Inc. v. Kroll Associates, Inc.

District Court of Appeal of Florida

Boca Research, Inc. v. Kroll Associates, Inc.

677 So. 2d 419, 1996 Fla. App. LEXIS 8243, 1996 WL 441529

CourtDistrict Court of Appeal of Florida

DecidedAugust 7, 1996

DocketNo. 96-416

StatusPublished

Cited by2 cases

This text of 677 So. 2d 419 (Boca Research, Inc. v. Kroll Associates, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boca Research, Inc. v. Kroll Associates, Inc., 677 So. 2d 419, 1996 Fla. App. LEXIS 8243, 1996 WL 441529 (Fla. Ct. App. 1996).

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Opinion

SHEVIN, Judge.

Boca Research, Inc., appeals an order denying its motion to transfer venue. We affirm.

Plaintiff Kroll Associates, Inc., a foreign corporation, [Kroll] with offices in Dade County, filed a breach of contract action against Boca Research, a Florida corporation, which maintains a Palm Beach County office. The complaint alleges that Boca Research breached its agreement with Kroll by faffing to remit payment for services rendered. Kroll filed the action in Dade County. Boca Research sought transfer of the action to Palm Beach County.

Section 47.051, Florida Statutes (1995) provides, in pertinent part, that actions against domestic corporations shall be brought in the county where defendant corporation has a business office or where the cause of action accrued. Kroll filed the suit in Dade County arguing that Dade County is where the cause of action accrued. “An action ... on a contract for payment of money, where the contract debtor has defaulted on payments thereunder, accrues in the county where payment was agreed to be made.” Davis v. Dempsey, 343 So.2d 950, 952 (Fla. 3d DCA 1977); Sunshine Yacht Sales, Inc. v. Bob Anslow Yacht Sales, Inc., 669 So.2d 342, 343 (Fla. 3d DCA 1996). The parties’ agreement, however, does not provide where payment was to be made. Under these circumstances, the debtor must seek the creditor to [420]*420make payment. Davis, 343 So.2d at 952. Therefore, it is implied that the payment was to be remitted in Dade County, where KrolTs office is located. Sunshine Yacht Sales, Inc., 669 So.2d at 343; Davis, 343 So.2d at 952. See generally Sinclair Fund, Inc., v. Burton, 623 So.2d 587, 588 (Fla. 4th DCA 1993)(“When a foreign corporation has an office in Florida, it is deemed to reside in the county in which the office is located for venue purposes.”). Accordingly, the cause of action accrued in Dade County, and the trial court properly denied the motion to transfer venue.

Affirmed.

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SHEVIN, Judge.

Boca Research, Inc., appeals an order denying its motion to transfer venue. We affirm.

Plaintiff Kroll Associates, Inc., a foreign corporation, [Kroll] with offices in Dade County, filed a breach of contract action against Boca Research, a Florida corporation, which maintains a Palm Beach County office. The complaint alleges that Boca Research breached its agreement with Kroll by faffing to remit payment for services rendered. Kroll filed the action in Dade County. Boca Research sought transfer of the action to Palm Beach County.

Section 47.051, Florida Statutes (1995) provides, in pertinent part, that actions against domestic corporations shall be brought in the county where defendant corporation has a business office or where the cause of action accrued. Kroll filed the suit in Dade County arguing that Dade County is where the cause of action accrued. “An action ... on a contract for payment of money, where the contract debtor has defaulted on payments thereunder, accrues in the county where payment was agreed to be made.” Davis v. Dempsey, 343 So.2d 950, 952 (Fla. 3d DCA 1977); Sunshine Yacht Sales, Inc. v. Bob Anslow Yacht Sales, Inc., 669 So.2d 342, 343 (Fla. 3d DCA 1996). The parties’ agreement, however, does not provide where payment was to be made. Under these circumstances, the debtor must seek the creditor to [420]*420make payment. Davis, 343 So.2d at 952. Therefore, it is implied that the payment was to be remitted in Dade County, where KrolTs office is located. Sunshine Yacht Sales, Inc., 669 So.2d at 343; Davis, 343 So.2d at 952. See generally Sinclair Fund, Inc., v. Burton, 623 So.2d 587, 588 (Fla. 4th DCA 1993)(“When a foreign corporation has an office in Florida, it is deemed to reside in the county in which the office is located for venue purposes.”). Accordingly, the cause of action accrued in Dade County, and the trial court properly denied the motion to transfer venue.

Affirmed.

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677 So. 2d 419, 1996 Fla. App. LEXIS 8243, 1996 WL 441529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boca-research-inc-v-kroll-associates-inc-fladistctapp-1996.

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