LAWRENCE HILL, II, APPELLANT,
v.
CARISSA FIELDS, APPELLEE
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Lawrence Hill II appealed a temporary domestic violence injunction entered against him in Pasco County, challenging venue. The court reversed because the petition for domestic violence injunction was filed in the wrong county under Florida's general venue statute, and remanded for transfer to the proper venue in Polk County where the defendant resided and the cause of action accrued.
The petition for a domestic violence injunction was filed in improper venue in Pasco County. Because Chapter 741, Florida Statutes, contains no venue provision, the general venue statute (Chapter 47) applies, which provides that actions must be brought in the county where the defendant resides or where the cause of action accrued—both of which are Polk County in this case.
[1] In the absence of a specific venue provision within chapter 741, Florida Statutes, the general venue statute, chapter 47, Florida Statutes, applies to petitions for domes…
[2] Venue for a domestic violence injunction action is proper in the county where the defendant resides, where the cause of action accrued, or where the property in litigatio…
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Join FLexlaw to unlock all legal intelligence“Chapter 741 does not contain a provision regarding venue; therefore, the general venue statute, chapter 47, applies.”
Establishes that when a statute lacks a venue provision, the general venue statute controls.
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Join FLexlaw to unlock all legal intelligenceLawrence Hill II and Carissa Fields were divorced in Pasco County. Nearly a year after the dissolution, Fields filed a petition for a domestic violenc…
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BLUE, Chief Judge.
Lawrence Hill, II, challenges a temporary domestic violence injunction entered against him, specifically challenging the venue of the action in Pasco County. Because the cause of action filed against him by Carissa Fields did not support venue in Pasco County on any basis set forth in section 47.011, Florida Statutes (1999), we reverse and remand for further proceedings.
Almost a year following the dissolution of their marriage in Pasco County, Ms. Fields, the former wife, filed a petition for a domestic violence injunction on behalf of herself and the parties’ two minor children against Mr. Hill, the former husband. Although Ms. Fields and the children reside in Pasco County, Mr. Hill resides in Polk County. The petition for a domestic violence injunction set forth alleged incidents occurring in Polk County.
Following service of the temporary injunction, Mr. Hill filed a motion to dismiss challenging both venue and jurisdiction. He argued that the petition for a domestic violence injunction filed pursuant to chapter 741, Florida Statutes (1999), was filed in an improper venue. There is validity to this argument. Chapter 741 does not contain a provision regarding venue; therefore, the general venue statute, chapter 47, applies. See Barr v. Fla. Bd. of Regents, 644 So. 2d 333, 335 (Fla. 1st DCA 1994). Section 47.011 provides that actions shall be brought only in the county where the defendant resides, here, Polk County; where the cause of action accrued, again, Polk County; or where the property in litigation is located, a provision that is not applicable in this case. Accordingly, venue was proper in Polk County, not in Pasco County. We note that it appears that legal relief was available to Ms. Fields in Pasco County, including, but not limited to, a modification of the dissolution of marriage.
The remedy, however, was not the dismissal of the petition as sought by Mr. Hill, but a transfer to the proper venue according to Florida Rule of Civil Procedure 1.060. Accordingly, we reverse the trial court’s order and direct that the ease be transferred to Polk County.
Reversed and remanded with directions.
WHATLEY and SALCINES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)…g credit determination by the Department, transferring case to Leon County); McClain v. Crawford, 815 So. 2d 777, 778 (Fla. 2d DCA 2002) (“Additionally, the remedy for improper venue is transfer to the proper venue, not dismissal.”); Hill v. Fields, 813 So. 2d 212, 213 (Fla. 2d DCA 2002) ("The remedy, however, was not the dismissal of the petition ... but a transfer to the proper venue according to Florida Rule of Civil Procedure 1.060.”); Carr v. Stetson, 741 So. 2d 567, 569 (Fla. 4th DCA 1999) ("Although ve…
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Griffith v. Crosby, 898 So. 2d 212 (Fla. 2d DCA 2005)…e Griffith is incarcerated, or Leon County, where the Department is headquartered. See McClain v. Crawford, 815 So. 2d 777, 778 (Fla. 2d DCA 2002) (“[T]he remedy for improper venue is a transfer to the proper venue, not dismissal.”); Hill v. Fields, 813 So. 2d 212 (Fla. 2d DCA 2002); see also Carr v. Stetson, 741 So. 2d 567 (Fla. 4th DCA 1999) (stating that dismissal is disfavored); Jerolaman v. Van Buren, 512 So. 2d 1138 (Fla. 1st DCA 1987). We therefore reverse and remand to the trial court with directions…
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Weimorts v. Shockley, 47 So. 3d 386 (Fla. 1st DCA 2010)…ts, 644 So. 2d 333, 335 (Fla. 1st DCA 1994). Under section 47.011, “[a]ctions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located....” See Hill v. Fields, 813 So. 2d 212, 213 (Fla. 2d DCA 2002) [*387] (holding that wife petitioning for domestic violence injunction was required to file in county of former husband’s residence and venue in county of wife’s residence was improper).1 Weimorts resides in Walton County, an…
Authorities Cited
- Barr v. The Fla. Bd. OF Regents, 644 So. 2d 333 (Fla. 1st DCA 1994)