ROYAL JONES & ASSOCIATES, INC., AND ROYAL JONES, APPELLANTS,
v.
CIGNA INSURANCE COMPANY, AND KAPLAN INDUSTRIES, INC., APPELLEES

Fla. 2d DCA | 1991-02-27
No. 90-02858
SCHOONOVER, C.J., and SCHEB and HALL, JJ., concur.
575 So. 2d 309 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm. A suit for declaratory relief does not itself constitute a cause of action for venue purposes, it is the underlying relief sought which determines venue. Oliver v. Severance, 542 So. 2d 408 (Fla. 1st DCA 1989). It was proper to transfer venue to Polk County since that is where the underlying cause of action occurred. § 47.011, Fla.Stat. (1989).

SCHOONOVER, C.J., and SCHEB and HALL, JJ., concur.


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  • Symbol Mattress OF Fla., Inc. v. Royal Sleep Prods., Inc., 832 So. 2d 233 (Fla. 5th DCA 2002)
    …declaratory relief; however, “[a] suit for declaratory relief does not itself constitute a cause of action for venue purposes, but rather, it is the underlying relief sought which determines venue.” Royal Jones & Associates, Inc. v. Cigna Ins. Co., 575 So. 2d 309 (Fla. 2d DCA 1991). Thus, in order to determine whether Orange County qualified as being a proper venue alternative, the trial court was required to determine the nature of the underlying relief sought by Symbol Mattress. Symbol Mattress’s claim fo…
  • Jacobs & Goodman, P.A. v. McLIN, 582 So. 2d 98 (Fla. 5th DCA 1991)
    …atory relief. A suit for declaratory relief does not, of itself, constitute a cause of action for the purpose of activating the venue statute. Rather, the underlying relief sought determines venue. Royal Jones and Associates, Inc. v. Cigna Ins. Co., 575 So. 2d 309 (Fla. 2d DCA 1991); The Florida Companies v. B.F.A. Corp., 424 So. 2d 48 (Fla. 3d DCA 1982). The underlying relief sought in this case is the avoidance of an employment agreement between Jacobs & Goodman and Ramsey. The venue for such cause of actio…
  • Mercury Ins. Co. OF Fla. v. Jackson, 46 So. 3d 1129 (Fla. 1st DCA 2010)
    …sfer it to the appropriate venue. Id. The issue in this case is where the cause of action accrued. A suit for declaratory relief does not itself constitute a cause of action for venue purposes. [*1131] Royal Jones & Assocs., Inc. v. Cigna Ins. Co., 575 So. 2d 309, 310 (Fla. 2d DCA 1991). Instead, it is the underlying relief sought that determines venue. Id. When an insured brings an action in Florida against his or her carrier for failure to settle a third party’s claim, the action sounds in contract. Swamy…

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