RONALD STERLING, A MINOR, BY HIS FATHER AND NEXT FRIEND, WILLIAM STERLING AND WILLIAM STERLING, INDIVIDUALLY, APPELLANTS,
v.
FAYE D. HAIMOWITZ AND JACK HAIMOWITZ, HER HUSBAND, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This interlocutory appeal addresses a venue dismissal in a negligence case. The trial court dismissed the complaint for improper venue based on oral statements that defendants resided in Broward County, but the appellate court reversed because the record lacked formal documentation of the defendants' residence required to support a venue challenge.
The court held that defendants must formally disclose their residence by plea or affidavit in the record to avail themselves of the privilege to be sued in a county other than where the action was brought. Since the record contained no such formal documentation, the dismissal for improper venue was improper.
“the Supreme Court of this State in the case of Gibbs v. Davis, 27 Fla. 531, 8 So. 633, has held that in order for a defendant to avail himself of the privilege to be sued in some other county than the one in which the action was brought, it was necessary for defendant by his plea to disclose some other county in the State in which he resided and in which he had the privilege to be sued”
Establishes the legal requirement that defendants must formally disclose their residence to invoke venue privilege
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs Ronald Sterling (a minor) and William Sterling filed suit against Faye D. Haimowitz and Jack Haimowitz in Dade County Circuit Court. The co…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Venue Privilege cases and more on FLexlaw
This is an interlocutory appeal from an order of the Circuit Court of Dade County which dismissed plaintiff-appellants’ complaint for improper venue.1 During the hearing on defendants’ motion to dismiss, it was brought to the attention of the trial judge by defendants’ attorney that the complaint showed the cause of action arose in Broward County; the return of service indicated that defendants were served in Broward County; and the defendants were residents of Broward County. A statement of the residence of defendants was not included in the record, nor was an affidavit filed in support thereof. Thus, it does not affirmatively appear on the record that the defendants were residents of Broward County. The Supreme Court of this State in the case of Gibbs v. Davis, 27 Fla. 531, 8 So. 633, has held that in order for a defendant to avail himself of the privilege to be sued in some other county than the one in which the action was brought, it was necessary for defendant by his plea to disclose some other county in the State in which he resided and in which he had the privilege to be sued. Accord, Permenter v. Bank of Green Cove Springs, Fla.App.1962, 136 So.2d 377.
Since the record contains no information as to the residence of defendants below, the order dismissing the complaint is reversed and the cause is remanded for further proceedings not in conflict with the views expressed herein.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Am. Bldgs. Co. v. Sampley, 227 So. 2d 701 (Fla. 2d DCA 1969)…on authority of Peters v. E. O. Painter Fertilizer Co., 1917, 73 Fla. 1001, 75 So. 749; Ritch v. Adams, 1931, 102 Fla. 983, 136 So. 719; Permenter v. Bank of Green Cove Springs, Fla.App. 1962, 136 So. 2d 377, and Sterling v. Haimowitz, Fla.App.1962, 141 So. 2d 304. HOBSON, C. J., and PIERCE and McNULTY, JJ., concur.…
Authorities Cited
- Permenter v. Bank OF Green Cove Springs, 136 So. 2d 377 (Fla. 1st DCA 1962)
- Gibbs v. Davis, 27 Fla. 531 (Fla. 1891)