Ohanessian v. Thomason
Ohanessian v. Thomason
Opinion of the Court
The appellants, Jacob Ohanessian, Michael D’Addabbo, Donald J. Griggs, and Terry B. Fletcher, appeal a trial court order granting a motion to dismiss for improper venue as to appellee, Eugene E. Thomason. We reverse.
Each of the appellants initially filed separate actions in Pinellas County against the trustees of three dissolved Florida corporations and against Richard L. Benware and appellee Thomason individually. The actions were consolidated for all purposes. Defendants Richard L. Benware and Joann Benware, residents of Pinellas County and trustees of the property and assets of the named dissolved Florida corporations, and Richard L. Benware, individually, failed to timely file responsive pleadings. A default and final judgment were entered against them. Thomason subsequently filed a motion to dismiss the complaint alleging that under the facts and circumstances of the case, venue was proper only in Hillsbor-ough County where he resided. The trial court entered a final order granting the motion to dismiss the action as to Thoma-son for improper venue. This timely appeal followed.
Venue is proper in the county where the defendant resides, where the cause of action accrues, or where the property in litigation is located. § 47.011, Fla.Stat. (1985). When, as here, there is more than one defendant, the defendant’s residence
Finally, the fact that Thomason was the only remaining defendant in the action at the time of the trial court’s ruling did not affect the propriety of the initial selection of venue so as to require that the action be transferred to the home county of the remaining defendant, Thomason, because there is no indication that the appellants lacked good faith in suing the resident defendants, the Benwares. See Vance v. Minton, 444 So.2d 1162 (Fla. 3d DCA 1984).
We, accordingly, reverse the trial court order dismissing this case for improper venue and remand for further proceedings consistent with this opinion.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.