Lanza v. Lawnwood Medical Center, Inc.
This text of 878 So. 2d 491 (Lanza v. Lawnwood Medical Center, 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.
Opinion
Appellants, Dr. John Lanza (Lanza) and Attorney General, Charles Crist appeal the trial court’s non-final order denying Lan-za s motion to dismiss for improper venue or, in the alternative, motion to transfer to St. Lucie County. We affirm.
In this case, Appellees, Lawnwood Medical Center, Inc., sued Lanza and the Attorney General in a declaratory judgment action. Because the Attorney General was a party to the action at the time the motion was ruled upon, venue in Leon County was proper. See Dep’t of Children & Families v. Sun-Sentinel, Inc., 865 So.2d 1278 (Fla.2004) (noting the “home venue privilege” provides that venue in a suit against the state is proper only in the county in which the state maintains its principal headquarters); see also § 47.021, Fla. Stat. (2003) (providing “[ajctions against two or more defendants residing in different counties may be brought in any county in which any defendant resides.”). Since Lanza moved to have the case dismissed or venue changed when the Attorney General was still a party to the action, the trial court did not err by denying Lanza’s motion at that time.
AFFIRMED.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
878 So. 2d 491, 2004 Fla. App. LEXIS 11414, 2004 WL 1737095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanza-v-lawnwood-medical-center-inc-fladistctapp-2004.