HOLIDAY TRUCK AND CAR SALES, INC., A FLORIDA CORPORATION, A.J. EARDLEY AND RICHARD SCEPKOWSKI, APPELLANTS,
v.
ROLF COLDEWEY, APPELLEE
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The court held that the trial court erred in denying the motion to change venue because the cause of action did not accrue in Sarasota County.
Appellee sued appellants in Sarasota County for fraud and breach of contract related to a tractor purchase. Appellants, residents of Pasco County, fil…
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[*345] GRIMES, Judge.
Appellants complain that the court erred in failing to grant their motion to change venue from Sarasota County to Pasco County-
Appellee, a Sarasota County resident, brought suit against Holiday Truck and Car Sales, Inc., a Florida corporation, A.J. Eard-ley and Richard Scepkowski over the purchase of a. tractor from Holiday. He alleged that the appellants made fraudulent misrepresentations concerning title and that even though he later returned the tractor, he was not repaid the purchase price. He sought damages for breach of contract and fraud.
In an affidavit attached to appellants’ motion, Eardley, a Holiday employee, recited that he and Scepkowski were residents of Pasco County and that Holiday had its only corporate office in Pasco County. He also stated that all negotiations involving the matters alleged in the complaint took place in Pasco County. The appellee filed no countervailing affidavit, and the complaint was unsworn.
The only plausible theory for maintaining this suit in Sarasota County is that the cause of action accrued there. §§ 47.011, 47.051, Fla.Stat. (1981). Yet, appellee made no effort to contradict the sworn statement that all the acts upon which the cause of action was premised occurred in Pasco County. Consequently, the court should have directed a change of venue to Pasco County. Straske v. McGillicuddy, 388 So. 2d 1334 (Fla. 2d DCA 1980); Perry Building Systems, Inc. v. Hayes & Bates, Inc., 361 So. 2d 443 (Fla. 1st DCA 1978).
REVERSED.
HOBSON, A.C.J., and RYDER, J., concur.
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Tropicana Prods., Inc. v. Hoke H. Shirley, 501 So. 2d 1373 (Fla. 2d DCA 1987)…fidavit controverting a plaintiff’s venue allegation, the burden is upon the plaintiff to prove that the selection of venue is proper. Eth-Wha, Inc. v. Blankenship, 483 So. 2d 872, 873 (Fla. 2d DCA 1986); Holiday Truck & Car Sales, Inc. v. Coldewey, 434 So. 2d 344, 345 (Fla. 2d DCA 1983). In this case, Shirley failed to produce any sworn evidence — either by affidavit or by testimony at the hearing — that his selection of venue was proper. Based upon that fact alone, the trial court erred in finding venue pro…
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Miller v. Southland Ins. Co., Inc., 513 So. 2d 800 (Fla. 4th DCA 1987)…fidavit controverting a plaintiff’s venue allegation, the burden is upon the plaintiff to prove that the selection of venue is proper. Eth-Wha, Inc. v. Blankenship, 483 So. 2d 872, 873 (Fla. 2d DCA 1986); Holiday Truck & Car Sales, Inc. v. Coldewey, 434 So. 2d 344, 345 (Fla. 2d DCA 1983). Id. at 1375. Accordingly we reverse the trial court’s order denying appellants’ motion to abate and/or change venue. We remand this cause to the trial court with directions to enter such further orders as may be consistent…
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Searle v. Fortune Fed. Sav. & Loan Ass'n, 480 So. 2d 187 (Fla. 2d DCA 1985)…romissory note, accordingly, did not violate the parol evidence rule. See generally, Baker v. Huvel, B. V., 420 So. 2d 335 (Fla. 3d DCA 1982); Foster v. Greco, 320 So. 2d 43 (Fla. 4th DCA 1975); see also, Holiday Truck & Car Sales, Inc. v. Coldewey, 434 So. 2d 344 (Fla. 2d DCA 1983). The trial court, therefore, erred in refusing to consider Searle’s affidavit. Upon considering the affidavit, we find the court also erred in denying the motion to transfer venue. A plaintiff is not required to plead facts in a…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- W. D. Little, Jr., M.D. v. Smeltzer, 361 So. 2d 443 (Fla. 2d DCA 1978)
- Straske v. McGILLICUDDY, 388 So. 2d 1334 (Fla. 2d DCA 1980)