Henry v. Lemac Builders, Inc.

District Court of Appeal of Florida

Henry v. Lemac Builders, Inc.

245 So. 2d 115

CourtDistrict Court of Appeal of Florida

DecidedFebruary 9, 1971

DocketNo. 70-1070

StatusPublished

Cited by3 cases

This text of 245 So. 2d 115 (Henry v. Lemac Builders, 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

Henry v. Lemac Builders, Inc., 245 So. 2d 115 (Fla. Ct. App. 1971).

Pincite

Opinion

PER CURIAM.

This interlocutory appeal presents a question of venue. The appellant urges that the proper venue is Orange County where the defendant resides or Brevard County where the lease arose. The lease sets forth that the rent is to be paid in Dade County; therefore, an action to recover rent may be brought in Dade County. Williams v. Aeroland Oil Co., 155 Fla. 114, 20 So.2d 346 (1944); M. A. Kite Co. v. A. C. Samford, Inc., 130 So.2d 99 (Fla.App.1961).

Appellant also attempts to present a question as to the pendency of a prior suit on the same cause of action but that point is not supported by the record. We expressly decline to pass on the point. It must appear from the record that the trial court had an opportunity to rule upon the issue for this court to undertake a consideration of the point. Permenter v. Bank of Green Cove Springs, 136 So.2d 377 (Fla.App.1962).

Affirmed.

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

PER CURIAM.

This interlocutory appeal presents a question of venue. The appellant urges that the proper venue is Orange County where the defendant resides or Brevard County where the lease arose. The lease sets forth that the rent is to be paid in Dade County; therefore, an action to recover rent may be brought in Dade County. Williams v. Aeroland Oil Co., 155 Fla. 114, 20 So.2d 346 (1944); M. A. Kite Co. v. A. C. Samford, Inc., 130 So.2d 99 (Fla.App.1961).

Appellant also attempts to present a question as to the pendency of a prior suit on the same cause of action but that point is not supported by the record. We expressly decline to pass on the point. It must appear from the record that the trial court had an opportunity to rule upon the issue for this court to undertake a consideration of the point. Permenter v. Bank of Green Cove Springs, 136 So.2d 377 (Fla.App.1962).

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

245 So. 2d 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-lemac-builders-inc-fladistctapp-1971.

Opinion

Related

Cite This Page — Counsel Stack