Florida District Courts of Appeal, 1989

Florida Building Inspection Services, Inc. v. Kotkis

Florida Building Inspection Services, Inc. v. Kotkis
Florida District Courts of Appeal · Decided March 8, 1989 · Hersey, Polen, Stone
539 So. 2d 1167; 14 Fla. L. Weekly 609; 1989 Fla. App. LEXIS 1158; 1989 WL 20706 (Southern Reporter, Second Series)

Florida Building Inspection Services, Inc. v. Kotkis

Opinion of the Court

PER CURIAM.

This is an appeal from a denial of a verified motion to dismiss for improper venue. We affirm.

Appellant contends the trial court erred in allowing the plaintiffs choice of venue in Broward County when the venue clause in the ninety-day limited warranty contract stated that β€œany action ... brought arising out of ... this warranty ... the venue thereof is Dade County, Florida.”

The plaintiff brought three actions: breach of implied warranty (governed by the Dade County venue provision in the warranty), breach of express warranty (governed by the Dade County venue provision in the warranty) and a separate action for negligence (accruing in Broward County). It is well settled law that where there is a multiplicity of causes of action joined and venue is proper in more than one county, the plaintiff has the initial choice of forum. We affirm based on section 47.041, Florida Statutes (1987).

HERSEY, C.J., STONE and POLEN, JJ., concur.

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