Tietig v. Riccio

District Court of Appeal of Florida

Tietig v. Riccio

451 So. 2d 1016, 1984 Fla. App. LEXIS 13888

CourtDistrict Court of Appeal of Florida

DecidedJune 19, 1984

DocketNo. 84-310

StatusPublished

Cited by3 cases

This text of 451 So. 2d 1016 (Tietig v. Riccio) 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

Tietig v. Riccio, 451 So. 2d 1016, 1984 Fla. App. LEXIS 13888 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

Because plaintiffs suit seeks primarily foreclosure of a mechanic’s lien on real property, even though damages are sought as an alternative remedy, the action should have been brought in Brevard County where the property is situated. See Georgia Casualty Co. v. O’Donnell, 109 Fla. 290, 147 So. 267 (1933); Sales v. Berzin, 212 So.2d 23 (Fla. 4th DCA 1968) (a suit to foreclose mortgage is local, and must be brought in county where land lies, even though other relief, such as deficiency judgment, may be granted).

Reversed with instructions to transfer venue or dismiss.

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PER CURIAM.

Because plaintiffs suit seeks primarily foreclosure of a mechanic’s lien on real property, even though damages are sought as an alternative remedy, the action should have been brought in Brevard County where the property is situated. See Georgia Casualty Co. v. O’Donnell, 109 Fla. 290, 147 So. 267 (1933); Sales v. Berzin, 212 So.2d 23 (Fla. 4th DCA 1968) (a suit to foreclose mortgage is local, and must be brought in county where land lies, even though other relief, such as deficiency judgment, may be granted).

Reversed with instructions to transfer venue or dismiss.

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Bluebook (online)

451 So. 2d 1016, 1984 Fla. App. LEXIS 13888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tietig-v-riccio-fladistctapp-1984.

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