PALATKA ABSTRACT AND TITLE GUARANTY, INC., APPELLANT,
v.
CITIZENS COMMERCIAL BANK OF TALLAHASSEE, APPELLEE
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Palatka Abstract and Title Guaranty appeals the denial of its motion to transfer venue from Leon County to Putnam County in a negligence and breach of contract action. The court affirmed, holding that under Florida law, a cause of action on a contract accrues for venue purposes where the breach occurs, which in this case was in Leon County where the abstract was delivered.
Venue was proper in Leon County because the cause of action accrued there. Under Florida law, a breach of contract accrues for venue purposes where the breaching party failed to perform an agreed act, which in this case was the delivery of the allegedly deficient abstract to the bank in Leon County.
[1] A cause of action on a contract accrues for venue purposes where the breach of that contract occurs.
[2] If a contract involves performance, the breach occurs where the defaulting party failed to perform an act that it has agreed to do.
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Join FLexlaw to unlock all legal intelligence“Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for the transaction of its customary business, where the cause of action accrued, or where the property in litigation is located.”
Establishes the statutory framework for determining proper venue under Florida law.
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Join FLexlaw to unlock all legal intelligenceCitizens Commercial Bank contracted with Palatka Abstract Company to prepare an abstract of title for property in Putnam County. Palatka Abstract alle…
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PER CURIAM.
Appellee, Citizens Commercial Bank of Tallahassee, filed a complaint against appellant, Palatka Abstract and Title Guaranty, Inc., in Leon County alleging negligence and breach of contract on the part of appellant.
Citizens Commercial Bank contracted with Palatka Abstract Company to prepare an abstract of title on property situated in Putnam County. The bank alleged that Palatka Abstract negligently failed to include in the abstract of title a mortgage that was recorded concerning the property and two judgments that had previously been recorded. Defendant/appellant filed a motion to transfer venue from Leon County to Putnam County. The motion was denied, and this interlocutory appeal ensued. We affirm.
The question here involves Florida Statutes Section 47.051 which provides:
Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for the transaction of its customary business, where the cause of action accrued, or where the property in litigation is located.
It is undisputed that Palatka Abstract’s place of business is located in Putnam County and that the property is also in Putnam County. Therefore, if venue is proper in Leon County the cause of action must have accrued there.
In the instant case, the last act necessary to complete the contract was delivery of the abstract to appellee in Leon County.
A cause of action on a contract accrues for venue purposes where the breach of that contract occurs, and if a contract involves performance, the breach occurs where the defaulting party failed to perform an act that it has agreed to do. (Cites omitted)
Speedling, Inc. v. Krig, 378 So. 2d 57 (Fla. 2d DCA 1979). Therefore, if a breach occurred, it occurred in Leon County when Palatka Abstract delivered the allegedly deficient abstract. Accordingly, the cause of action accrued in Leon County. Appellants have shown no abuse of discretion by the trial judge below.
Therefore, the order of the trial judge is AFFIRMED.
WENTWORTH and JOANOS, JJ., and LILES, WOODIE A. (Retired), Associate Judge, concur.
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Yale Ogron Mfg. Co., Inc. v. Music & Worth Constr. Co., Inc., 452 So. 2d 104 (Fla. 1st DCA 1984)…was ample basis upon which the trial court could find that the cause of action accrued in Union County, where delivery of the windows and screens was to be made. Palatka Abstract and Title Guaranty, Inc. v. Citizen’s Commercial Bank of Tallahassee, 392 So. 2d 348 (Fla. 1st DCA 1981). Yale’s reliance upon the fact that in actually performing the contract it shipped the products F.O.B. its plant in Dade County is not controlling. Yale urges Speedling, Inc. v. Krig, 378 So. 2d 57 (Fla. 2d DCA 1979), as authori…
Authorities Cited
- Speedling, Inc. v. Harold "Andy" Krig, 378 So. 2d 57 (Fla. 2d DCA 1979)