Florida Building Inspection Services, Inc. v. Kotkis
This text of 539 So. 2d 1167 (Florida Building Inspection Services, Inc. v. Kotkis) 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.
Opinion
This is an appeal from a denial of a verified motion to dismiss for improper venue. We affirm.
Appellant contends the trial court erred in allowing the plaintiffs choice of venue in Broward County when the venue clause in the ninety-day limited warranty contract stated that “any action ... brought arising out of ... this warranty ... the venue thereof is Dade County, Florida.”
The plaintiff brought three actions: breach of implied warranty (governed by the Dade County venue provision in the warranty), breach of express warranty (governed by the Dade County venue provision in the warranty) and a separate action for negligence (accruing in Broward County). It is well settled law that where there is a multiplicity of causes of action joined and venue is proper in more than one county, the plaintiff has the initial choice of forum. We affirm based on section 47.041, Florida Statutes (1987).
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Cite This Page — Counsel Stack
539 So. 2d 1167, 14 Fla. L. Weekly 609, 1989 Fla. App. LEXIS 1158, 1989 WL 20706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-building-inspection-services-inc-v-kotkis-fladistctapp-1989.