Tropicana Pools, Inc. v. Brown
Cases that cite this one
4 later published cases cite this decision.
- Carbone v. Value Added Vacations, Inc. (Fla. Dist. Ct. App. 2001)
- Winter v. Kawasaki (Fla. Dist. Ct. App. 1996)
- Bus. Aide Computers, Inc. v. CENT. FLORIDA MACK TRUCKS, INC. (Fla. Dist. Ct. App. 1983)
- Honea v. WALKER CHEM & EXTERMINATING (Fla. Dist. Ct. App. 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellees brought suit against Tropicana Pools, Inc., a Florida corporation, asking for damages in the amount of $569.60, which represented a deposit in payment for the construction of a swimming pool. This action was brought as result of a contract entered into between the pool company and the appellees. The contract contained the following provision:
“It is,agreed by the owner that any claim either under this contract or under the warranty hereinabove set forth, shall be brought only in the appropriate Court in Orange County, Fla.”
Appellant filed a motion to dismiss for lack of venue which motion was denied.
“[DJefendant’s motion to dismiss was denied based on the fact that the parties cannot contract away the court [sic] jurisdiction.”
It therefore appears that the trial judge mistook venue for jurisdiction. This being a question of venue it is governed by Deeb v. Board of Public Instruction, Fla.App. 1967, 196 So.2d 22, and the court erred in denying the motion to dismiss for lack of venue.
Reversed and remanded with directions consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.