Winter v. Curtis
This text of 311 So. 2d 815 (Winter v. Curtis) 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
E.J. WINTER, On His Own Behalf and On Behalf of All Others Similarly Situated, Appellant,
v.
Clayton C. CURTIS et al., Appellees.
District Court of Appeal of Florida, Third District.
David Cerf, Jr., Miami, for appellant.
Tew, Tew & Murray, Miami, for appellees.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
PER CURIAM.
Plaintiff-appellant seeks review of the trial court's order dismissing plaintiff's amended complaint for improper venue.
The trial court having determined (1) that defendant Curtis, the only defendant served in this action, did not reside in Dade County, and (2) that no allegations in the complaint made it appear that any cause of action accrued in Dade County, we conclude the trial court was correct in dismissing the subject complaint for improper venue with leave to refile same in Alachua County, the residence of defendant Curtis, or such other county that plaintiff would choose. See § 47.011, Fla. Stat., F.S.A. and Larson v. Cooper, Fla. 1954, 75 So.2d 757; Florida Real Estate Commission v. Bodner, Fla. 1954, 75 So.2d 290.
Accordingly, the order herein appealed is affirmed.
Affirmed.
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311 So. 2d 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winter-v-curtis-fladistctapp-1975.