Cousins Mortgage & Equity Investments v. Florida First National Bank at Pensacola
Cousins Mortgage & Equity Investments v. Florida First National Bank at Pensacola
Opinion of the Court
Appellant, Cousins Mortgage and Equity Investments, appeals from an order denying its motion to dismiss the complaint upon the grounds of improper venue.
Appellee, The Florida First National Bank at Pensacola, sued Cousins upon a promissory note in the sum of one million dollars. The note was executed in Atlanta, Georgia, on behalf of Cousins by its senior vice president and treasurer. Likewise, subsequent renewals of the note were executed in Atlanta. The note, and renewals thereof, is payable in Pensacola, Florida. Cousins was authorized to do business and had done business in Pensacola, Escambia County, Florida. It is upon the foregoing facts that Cousins relies upon the following special venue statute, viz:
“47.061 Action on promissory notes, etc. —Actions on unsecured negotiable or nonnegotiable promissory notes shall be brought only in the county in which such notes were signed by the maker or one of the makers or in which the maker or one of the makers resides. When any such note was signed by the makers in more than one county, or district, action may be brought thereon in any such county. This section shall be liberally construed in favor of the makers of such notes.”
Cousins relies primarily upon Woodley Lane, Inc. v. Nolen
“It is a well settled rule of statutory construction that a special statute covering a particular subject is controlling over a general statutory provision covering the same and other subjects in general terms. In this situation, the statute relating to the particular part of the general subject will operate as an exception to, or qualification of, the general terms of the more comprehensive statute to the extent only of the repugnancy, If any.”
Significantly, Woodley involved a controversy among Florida residents as to proper Florida venue for the action upon a promissory note.
Venue is not the same as jurisdiction, and the two must not be confounded.
Interlocutory appeal dismissed.
.An interlocutory appeal from an order relating to venue is cognizable under Florida Appellate Rule 4.2(a).
. Woodley Lane, Inc. v. Nolen, 147 So.2d 569 (2 Fla.App. 1962).
. 34 Fla.Jur., Venue § 2.
Reference
- Full Case Name
- COUSINS MORTGAGE AND EQUITY INVESTMENTS, a real estate investment trust v. The FLORIDA FIRST NATIONAL BANK AT PENSACOLA
- Cited By
- 2 cases
- Status
- Published