First State Bank of Miami v. McGrotty

District Court of Appeal of Florida

First State Bank of Miami v. McGrotty

354 So. 2d 1273, 1978 Fla. App. LEXIS 15242

CourtDistrict Court of Appeal of Florida

DecidedFebruary 15, 1978

DocketNo. HH-389

StatusPublished

Cited by2 cases

This text of 354 So. 2d 1273 (First State Bank of Miami v. McGrotty) 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.

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First State Bank of Miami v. McGrotty, 354 So. 2d 1273, 1978 Fla. App. LEXIS 15242 (Fla. Ct. App. 1978).

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Opinion

BOYER, Judge.

By interlocutory appeal the Bank seeks review of an order of the trial court relating to change of venue. Clearly one of the counts of the complaint places venue in Alachua County from whence appellant seeks to have venue transferred. Appellant claims that count of the complaint to be without merit and urges that the trial court, as well as this court, should determine the merit of that count of the complaint incident to a determination of proper venue. Determination of the merits of a properly stated cause of action is to be determined at trial and not upon venue issue. Further, even were we inclined to test the merits of the second count of the complaint on appeal, which we are not, it nevertheless appears that appellees’ position is supported by Croker v. Powell, 115 Fla. 733, 156 So. 146 (1934) and M. A. Kite Company v. A. C. Samford, Inc., 130 So.2d 99 (Fla. 1st DCA 1961).

AFFIRMED.

McCORD, C. J., and MASON, ERNEST E., Associate Judge, concur.

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BOYER, Judge.

By interlocutory appeal the Bank seeks review of an order of the trial court relating to change of venue. Clearly one of the counts of the complaint places venue in Alachua County from whence appellant seeks to have venue transferred. Appellant claims that count of the complaint to be without merit and urges that the trial court, as well as this court, should determine the merit of that count of the complaint incident to a determination of proper venue. Determination of the merits of a properly stated cause of action is to be determined at trial and not upon venue issue. Further, even were we inclined to test the merits of the second count of the complaint on appeal, which we are not, it nevertheless appears that appellees’ position is supported by Croker v. Powell, 115 Fla. 733, 156 So. 146 (1934) and M. A. Kite Company v. A. C. Samford, Inc., 130 So.2d 99 (Fla. 1st DCA 1961).

AFFIRMED.

McCORD, C. J., and MASON, ERNEST E., Associate Judge, concur.

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354 So. 2d 1273, 1978 Fla. App. LEXIS 15242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-state-bank-of-miami-v-mcgrotty-fladistctapp-1978.

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