E. J. Sales & Service, Inc. v. Southeast First National Bank of Miami
E. J. Sales & Service, Inc. v. Southeast First National Bank of Miami
Opinion of the Court
Alleging that E. J. Sales & Service, Inc., a Florida corporation, had taken possession
Since E. J. Sales’ place of business is in Orange County, and it has no office whatever here, venue may properly be laid in Dade County under Sec. 47.051, Fla.Stat. (1979)
The bank relies on cases which hold that an action for breach of an agreement to make payment accrues where payment is due, that is, in the absence of a contrary provision, in the county where the payee resides. E.g., Engineered Storage Systems, Inc. v. National Partitions & Interiors, Inc., 415 So.2d 114 (Fla. 3d DCA Case no. 82—489, opinion filed, June 15, 1982) and cases cited; American Fidelity Fire Ins. Co. v. Allied General Contractors, Inc., 365 So.2d 442 (Fla. 3d DCA 1978). These authorities have no application to this situation in which the parties had no contractual relationship with each other at all and the defendant is alleged only to have failed to perform an implied duty to return funds to which it was allegedly not entitled. See American International Food Corp. v. Lesko, supra.
For these reasons, the order below is reversed with directions that the cause be transferred to Orange County.
Reversed.
. Pursuant to Fla.R.App.P. 9.130(a)(3)(A).
. Notwithstanding the trial judge’s misplaced reliance on Sec. 47.101, Fla.Stat. (1979), Section 47.051 alone controls the issues in this case. It provides:
Actions against corporations. — Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located. Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located, [e.s.]
Reference
- Full Case Name
- E. J. SALES & SERVICE, INC., a Florida corporation v. SOUTHEAST FIRST NATIONAL BANK OF MIAMI, an association organized under the laws of the United States
- Cited By
- 14 cases
- Status
- Published