GIRDLEY CONSTRUCTION COMPANY AND SEABOARD SURETY COMPANY, APPELLANTS/CROSS-APPELLEES,
v.
ARCHITECTURAL EXTERIORS, INC., APPELLEE/CROSS-APPELLANT
PER CURIAM.
This issue below was whether venue of one portion of an action by Architectural Exteriors, Inc. against Girdley Construction Co., Inc. should be transferred from Volusia County to Orange County based upon a contractual provision between the parties. In the instant case, such a transfer would result in multiple suits and a splitting of causes of action. Therefore, the provision should not be enforced. See Interval Marketing Associates, Inc. v. Sea Club Ass’s IV, Ltd., 468 So. 2d 262 (Fla. 2d DCA 1985). The timeliness of the motion was not challenged or considered below.
The order is reversed.
REVERSED.
DAUKSCH, COBB and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carlson-Southeast Corp. & Seaboard Sur. Co. v. Geolithic, Inc., 530 So. 2d 1069 (Fla. 1st DCA 1988)…e filed and enforcement of a venue provision could generate conflicting results in different courts. Halls Ceramic Tile, Inc. v. Tiede-Zoeller Tile Corp., 522 So. 2d 111 (Fla. 5th DCA 1988); Girdley Construction Co. v. Architectural Exteriors, Inc., 517 So. 2d 137 (Fla. 5th DCA 1987). Absent an express agreement regarding venue, it appears that the general venue provisions of Chapter 47 are controlling with respect to sections 713.23 and 713.24. See Coordinated Constructors v. Florida Fill, Inc., 387 So. 2d 1…
-
Dore v. Roten, 911 So. 2d 218 (Fla. 2d DCA 2005)…e Miller & Solomon Gen. Contractors, Inc. v. Brennan’s Glass Co., 837 So. 2d 1182, 1184 (Fla. 4th DCA 2003); Carlson-Southeast Corp. v. Geolithic, Inc., 530 So. 2d 1069, 1072 (Fla. 1st DCA 1988); Girdley Constr. Co. v. Architectural Exteriors, Inc., 517 So. 2d 137 (Fla. 5th DCA 1987). In any event, as we have held in our opinion in American Boxing v. Young, No. 2D04-3394, 911 So. 2d 862, 2005 WL 2320116 (Fla. 2d DCA Sept. 23, 2005), which stemmed from the same Toughman contest and the identical release at is…
-
Miller & Solomon Gen. Contractors, Inc. v. Brennan's Glass Co., Inc., 837 So. 2d 1182 (Fla. 4th DCA 2003)…ce venue on the bond count is in Broward county, we conclude that the trial court did not abuse its discretion in denying the motion to transfer venue of the entire action or to sever counts. See Girdley Constr. Co. v. Architectural Exteriors, Inc., 517 So. 2d 137 (Fla. 5th DCA 1987)(holding that even though parties agreed venue would lie in Orange county as to one count, venue provision should not be enforced since transferring venue as to that count would result in splitting of causes of action); Carlson-So…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Interval Mktg. Assocs., Inc. v. SEA Club Assocs. IV, Ltd., 468 So. 2d 262 (Fla. 2d DCA 1985)