NATIONWIDE CARPET AND DRAPERY COMPANY, INC., A FLORIDA CORPORATION, APPELLANT,
v.
HEZEKIAH MCMILLIAN AND BETTY JANE MCMILLIAN, HIS WIFE, AND ELLIOT I. MILLER, APPELLEES
PER CURIAM.
The trial court correctly recognized that it was without jurisdiction to reinstate appellant’s action after the appellant had terminated its action against appellees by announcing a voluntary dismissal. Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So. 2d 68 (Fla.1978); United Services Automobile Association v. Johnson, 428 So. 2d 334 (Fla. 2d DCA 1983); Carolina Casualty Company v. General Truck Equipment and Trailer Sales, Inc., 407 So. 2d 1095 (Fla. 1st DCA 1982); Sun First National Bank of Delray Beach v. Green Crane & Concrete Services, Inc., 371 So. 2d 492 (Fla. 4th DCA 1979); Rich Motors, Inc. v. Loyd Cole Produce Express, Inc., 244 So. 2d 526 (Fla. 4th DCA 1970).
Affirmed.
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R.J. Reynolds Tobacco Co. v. Lesia Mooney, 147 So. 3d 42 (Fla. 3d DCA 2014)…ndant is made a party in good faith at the outset of the litigation, his subsequent voluntary (or involuntary) dismissal does not affect the propriety of the initial venue so as to require that the action be transferred .... ” Vance, M.D. v. Minton, 444 So. 2d 1162, 1163 (Fla. 3d DCA 1984). The defendant tobacco companies have, therefore, moved to transfer venue to Duval County under section 47.122, claiming that it is “[fjor the convenience of the parties or witnesses or in the interest of justice,” to transf…
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Ohanessian v. Thomason, 510 So. 2d 1092 (Fla. 2d DCA 1987)…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. SCHEB, A.C.J., and CAMPBELL and SCHOONOVER, JJ., co…
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MML Dev. Corp. v. Eagle Nat'l Bank OF Miami, 603 So. 2d 646 (Fla. 5th DCA 1992)…sure action in Volusia County and in good faith, venue should remain in that county even though the action has evolved into one to enforce a promissory note “denuded” of the security of the Volusia County real property. It relies on Vance v. Minton, 444 So. 2d 1162 (Fla. 3d DCA 1984), and Ohanessian v. Thomason, 510 So. 2d 1092 (Fla. 2d DCA 1987), in resisting MML’s attempt to transfer venue. In Vance, two physicians residing in different Florida counties were joined in an action for medical malpractice. Afte…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Randle-Eastern Ambulance Serv., Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978)
- SUN First Nat'l Bank OF Delray Beach v. Green Crane & Concrete Servs., Inc., 371 So. 2d 492 (Fla. 4th DCA 1979)
- Shands & Baker, Inc. v. Holmes Co., Inc., 244 So. 2d 526 (Fla. 2d DCA 1970)
- Rich Motors, Inc. v. Loyd Cole Produce Express, Inc., 244 So. 2d 526 (Fla. 4th DCA 1970)
- Carolina Cas. Co. v. Gen. Truck Equip. & Trailer Sales, Inc., 407 So. 2d 1095 (Fla. 1st DCA 1982)
- State v. Kendrick, 428 So. 2d 334 (Fla. 2d DCA 1983)