Prahl v. Johnson

District Court of Appeal of Florida

Prahl v. Johnson

323 So. 2d 682, 1975 Fla. App. LEXIS 18991

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1975

DocketNo. 75-964

StatusPublished

This text of 323 So. 2d 682 (Prahl v. Johnson) 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

Prahl v. Johnson, 323 So. 2d 682, 1975 Fla. App. LEXIS 18991 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.'

The plaintiff, who is the appellant here, sued the defendant-appellee for rent claimed due on real property located in Dade County, Florida. Defendant, who had removed himself from Dade County, moved to dismiss the complaint on the ground of his privilege to be sued in the county of his residence. Fla.Stat. § 47.011.

The complaint alleges an action for rent accruing in Dade County, Florida. The defendant argues that although the dispute arose out of the written lease, it is actually an attempt to enforce an alleged contemporaneous oral agreement relative to the payment of rent. This fact does not appear from the pleadings. Even if this should be proved at a later stage in the proceedings, it would not divest the court of jurisdiction. The rent was payable in Dade County, therefore, the cause of action arose in Dade County. See Croker v. Powell, 1934, 115 Fla. 733, 156 So. 146; and Henry v. Lemac Builders, Inc., Fla.App.1971, 245 So.2d 115. The trial judge erred in dismissing the complaint and the order appealed is reversed with directions to proceed with the cause.

Reversed and remanded.

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PER CURIAM.'

The plaintiff, who is the appellant here, sued the defendant-appellee for rent claimed due on real property located in Dade County, Florida. Defendant, who had removed himself from Dade County, moved to dismiss the complaint on the ground of his privilege to be sued in the county of his residence. Fla.Stat. § 47.011.

The complaint alleges an action for rent accruing in Dade County, Florida. The defendant argues that although the dispute arose out of the written lease, it is actually an attempt to enforce an alleged contemporaneous oral agreement relative to the payment of rent. This fact does not appear from the pleadings. Even if this should be proved at a later stage in the proceedings, it would not divest the court of jurisdiction. The rent was payable in Dade County, therefore, the cause of action arose in Dade County. See Croker v. Powell, 1934, 115 Fla. 733, 156 So. 146; and Henry v. Lemac Builders, Inc., Fla.App.1971, 245 So.2d 115. The trial judge erred in dismissing the complaint and the order appealed is reversed with directions to proceed with the cause.

Reversed and remanded.

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323 So. 2d 682, 1975 Fla. App. LEXIS 18991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prahl-v-johnson-fladistctapp-1975.

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