Hand v. Alabama Farm Bureau Mutual Casualty Insurance

District Court of Appeal of Florida

Hand v. Alabama Farm Bureau Mutual Casualty Insurance

382 So. 2d 121, 1980 Fla. App. LEXIS 23690

District Court of Appeal of Florida·Decided April 1, 1980·No. No. 79-1809·Published

Opinion

PER CURIAM.

The plaintiff appeals from an order dismissing, for improper venue, an action on [122] an insurance policy issued by the defendant-appellee. The record shows, and the carrier admits, that it is a foreign corporation which is not doing business in Florida. Since this is the case, the defendant has no venue privilege, and a transitory action like this one may therefore be maintained against it in any county in the state. § 47.011, Fla.Stat. (1977); Hollywood Memorial Park, Inc. v. Rosart, 124 So.2d 712 (Fla. 3d DCA 1960); cf. § 47.051, Fla.Stat. (1977). Accordingly, we reverse the order below, without prejudice to the consideration by the trial court of any appropriate defense motion to transfer the cause under the “forum non conveniens” statute. § 47.-122, Fla.Stat. (1979).

Reversed and remanded.

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PER CURIAM.

The plaintiff appeals from an order dismissing, for improper venue, an action on [122] an insurance policy issued by the defendant-appellee. The record shows, and the carrier admits, that it is a foreign corporation which is not doing business in Florida. Since this is the case, the defendant has no venue privilege, and a transitory action like this one may therefore be maintained against it in any county in the state. § 47.011, Fla.Stat. (1977); Hollywood Memorial Park, Inc. v. Rosart, 124 So.2d 712 (Fla. 3d DCA 1960); cf. § 47.051, Fla.Stat. (1977). Accordingly, we reverse the order below, without prejudice to the consideration by the trial court of any appropriate defense motion to transfer the cause under the “forum non conveniens” statute. § 47.-122, Fla.Stat. (1979).

Reversed and remanded.

Hand v. Alabama Farm Bureau Mutual Casualty Insurance, 382 So. 2d 121, 1980 Fla. App. LEXIS 23690 (Fla. Ct. App. 1980).

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Opinion

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