Garland v. Railway Express Agency, Inc.

District Court of Appeal of Florida

Garland v. Railway Express Agency, Inc.

237 So. 2d 787, 1970 Fla. App. LEXIS 7085

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 1970

DocketNo. N-294

StatusPublished

Cited by1 cases

This text of 237 So. 2d 787 (Garland v. Railway Express Agency, 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

Garland v. Railway Express Agency, Inc., 237 So. 2d 787, 1970 Fla. App. LEXIS 7085 (Fla. Ct. App. 1970).

Pincite

Opinions

JOHNSON, Chief Judge.

Appellant brings this interlocutory appeal from an order granting the motion to dismiss filed by the City of Fernandina Beach on the ground of improper venue as to che City of Fernandina Beach.

The complaint alleges a wrongful death action and charges that the City of Fernan-dina Beach was negligently and carelessly operating its bus in the city limits of Jacksonville, Duval County, Florida, at the time of the alleged accident which resulted in the death of Lige Garland. The complaint was filed in the Circuit Court, in and for Duval County, Florida. The City of-[788]*788Fernandina Beach is located in Nassau County, Florida.

A timely motion to dismiss was filed by the City of Fernandina Beach raising the question of venue. The trial judge granted the motion and appellant brings this interlocutory appeal challenging this ruling.

Both parties agree that Williams v. City of Lake City et al., 62 So.2d 732 (Fla.1953) is the leading case in Florida governing proper venue for actions against municipalities. That case explained the common law rule to be that actions against a municipal corporation must be brought in the county where it is situated unless a statute expressly authorizes suit elsewhere. This privilege of a municipality to be sued in the county of its location has been deemed waived when timely objection has not been made to improper venue. City of Kissimmee v. Patterson, 67 So.2d 223 (Fla.1953). However, this is not the situation in the case at bar as timely objection was filed.

Appellant urges that the common law rule should be modified when a municipal corporation is operating in a proprietary capacity outside its county’s boundaries. No cases have been cited which follow such a proposal.

We find that this case is controlled by the law as stated in Williams v. City of Lake City, supra, and hence the interlocutory appeal is dismissed.

SPECTOR, J., concurs. WIGGINTON, J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

JOHNSON, Chief Judge.

Appellant brings this interlocutory appeal from an order granting the motion to dismiss filed by the City of Fernandina Beach on the ground of improper venue as to che City of Fernandina Beach.

The complaint alleges a wrongful death action and charges that the City of Fernan-dina Beach was negligently and carelessly operating its bus in the city limits of Jacksonville, Duval County, Florida, at the time of the alleged accident which resulted in the death of Lige Garland. The complaint was filed in the Circuit Court, in and for Duval County, Florida. The City of-[788]*788Fernandina Beach is located in Nassau County, Florida.

A timely motion to dismiss was filed by the City of Fernandina Beach raising the question of venue. The trial judge granted the motion and appellant brings this interlocutory appeal challenging this ruling.

Both parties agree that Williams v. City of Lake City et al., 62 So.2d 732 (Fla.1953) is the leading case in Florida governing proper venue for actions against municipalities. That case explained the common law rule to be that actions against a municipal corporation must be brought in the county where it is situated unless a statute expressly authorizes suit elsewhere. This privilege of a municipality to be sued in the county of its location has been deemed waived when timely objection has not been made to improper venue. City of Kissimmee v. Patterson, 67 So.2d 223 (Fla.1953). However, this is not the situation in the case at bar as timely objection was filed.

Appellant urges that the common law rule should be modified when a municipal corporation is operating in a proprietary capacity outside its county’s boundaries. No cases have been cited which follow such a proposal.

We find that this case is controlled by the law as stated in Williams v. City of Lake City, supra, and hence the interlocutory appeal is dismissed.

SPECTOR, J., concurs. WIGGINTON, J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

237 So. 2d 787, 1970 Fla. App. LEXIS 7085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garland-v-railway-express-agency-inc-fladistctapp-1970.

Opinions

Related

Cite This Page — Counsel Stack