CITY OF PANAMA CITY, FLORIDA, & UNITED STATES FIDELITY & GUARANTY CO., APPELLANTS,
v.
FLORIDA DEPARTMENT OF TRANSPORTATION, AND CLAUDE G. COWART, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL "BUDDY" COWART, DECEASED, APPELLEE
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The City of Panama City appealed an order denying its motion to dismiss or change venue in a wrongful death action. The circuit court transferred the case to Leon County (where the Department of Transportation's principal headquarters is located) pursuant to the state's governmental venue privilege, and refused to transfer it back to Bay County (where the cause of action arose) when the City was joined as a defendant. The appellate court affirmed, holding that while municipalities have a home venue privilege, it is not absolute and may be overcome by trial court discretion considering justice, fairness, and convenience.
The trial court properly denied the City's motion for change of venue. Although municipalities have a home venue privilege under Williams v. City of Lake City, this privilege is not absolute. When governmental entities are joint defendants, the trial court may dispense with the home venue privilege upon considerations of justice, fairness, and convenience, and the trial court's decision to retain the action in Leon County was within its discretion.
[1] The State of Florida and its agencies retain a venue privilege to be sued in the county where the governmental entity maintains its principal headquarters.
[2] The home venue privilege is not absolute and may be dispensed with by the trial court when governmental entities are joint defendants, based on considerations of justice,…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the "home venue privilege" is not absolute, and that when governmental entities are joint defendants the trial court may dispense with the home venue privilege upon considerations of "justice, fairness, and convenience under the circumstances of the case."”
Establishes the controlling legal standard that venue privileges for governmental entities are discretionary, not mandatory, especially when multiple government defendants are involved.
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Join FLexlaw to unlock all legal intelligenceAn action was filed in Bay County by the personal representative of a deceased minor child against the Department of Transportation and the State of F…
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WENTWORTH, Judge.
Appellants seek review of an order entered in the circuit court for Leon County, by which a motion for dismissal or change of venue was denied. We affirm. .
An action was filed against the Department of Transportation and the State of Florida in the circuit court for Bay County by the personal representative of a deceased minor child. The parties entered into a stipulation by which they agreed that the action should be transferred to Leon County in accordance with § 768.28, Florida Statutes. The action was thus transferred by the court, and an amended complaint was subsequently filed in Leon County by which appellant City of Panama City was joined as a party defendant. Appellant City filed a motion for dismissal or change of venue, seeking transfer of the action back to Bay County.
The State of Florida and its agencies, at the time the cause of action in the present case accrued,1 retained the venue privilege to be sued in the county where the governmental entity maintained its principal headquarters. See Carlile v. Game & Fresh Water Fish Commission, 354 So. 2d 362 (Fla.1978); Greer v. Mathews, 409 So. 2d 1105 (Fla. 1st DCA 1982). In the present case this privilege required transfer of the action against DOT to Leon County.
Appellants assert a municipal venue privilege pursuant to Williams v. City of Lake City, 62 So. 2d 732 (Fla.1953), seeking transfer of the action back to Bay County. But Board of County Commissioners of Madison County v. Grice, 438 So. 2d 392 (Fla.1983), establishes that the “home venue privilege” is not absolute, and that when governmental entities are joint defendants the trial court may dispense with the home venue privilege upon considerations of “justice, fairness, and convenience under the circumstances of the case.” In the present case the trial court exercised its discretion to retain the action in Leon County. That ruling would appear to be within the permissible range of the court’s discretion.2
Affirmed.
SHIVERS and WIGGINTON, JJ„ concur. . Appellants note that the statute has subsequently been amended so as to allow, in appropriate circumstances, an action to be brought against an agency in the county where a cause of action accrued. See § 768.28(1) (1981). But this amendment, effected by Chapter 81-317, Laws of Florida, was expressly made applicable only to causes of action accruing on or after October 1, 1981. See § 768.28(14) (1981). In the present case the decedent’s death was alleged to have occurred "on or about August 13, 1981,” and the cause of action thus accrued prior to October 1. Cf., Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla. 2d DCA 1976).
. We note the relative proximity of Leon and Bay Counties, and the significant length of time during which the case has been in progress in Leon County. Our conclusion makes unnecessary the resolution of argument by the parties as to the impact of § 47.131, Florida Statutes, following joinder of the City as defendant.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sch. Bd. OF Osceola Cnty. v. James E. Rose Mech. Contractors, Inc., 604 So. 2d 521 (Fla. 5th DCA 1992)…ort-feasor with them. Rose argues that the trial court, in declining to enforce the home venue privilege, can consider the location of the various litigants and the cause of action, relying on City of Panama City v. Florida Dept. of Transportation, 477 So. 2d 646 (Fla. 1st DCA 1985). Rose notes the court there considered “the relative proximity of Leon and Bay Counties, and the significant length of time during which the case has been in progress in Leon County,” Id. at 647, n. 2, and notes that in the insta…
Authorities Cited
- Carlile v. Game & Fresh Water Fish Comm'n of the State of Fla., 354 So. 2d 362 (Fla. 1977)
- Williams v. City OF Lake City, 62 So. 2d 732 (Fla. 1953)
- Bd. of Cnty. Comm'rs of Madison Cnty. v. Grice, 438 So. 2d 392 (Fla. 1983)
- Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla. 2d DCA 1976)
- Melvin Greer, M.D. v. Mathews, 409 So. 2d 1105 (Fla. 1st DCA 1982)