GERARDO SANCHEZ AND VICTORIA HURTADO,
v.
CITIZENS PROPERTY INSURANCE CORPORATION, ET AL.,

Fla. 3d DCA | 2022-08-03
No. 21-0948
Blumstein, J., Lindsey, J., Hendon, J., Lobree, J.
Florida District Court of Appeal, Third District (2022)

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Holding

The sword-wielder doctrine exception to venue rules applies only when an official action has been or is being performed in the county where suit is filed, or when the threat of such action is both real and imminent, not merely contingent or anticipatory.

Headnotes

[1] The sword-wielder doctrine exception to general venue rules requires that the threat of official action be real and imminent rather than contingent and anticipatory to qu…

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Key Quotes

“The so called 'sword-wielder' doctrine applies only in those cases where the official action complained of has in fact been or is being performed in the county where the suit is filed, or when the threat of such action in said county is both real and imminent.”

Court citing Carlile v. Game & Fresh Water Fish Comm'n, 354 So. 2d 362, 365 (Fla. 1977) to define the scope of the sword-wielder doctrine.
Facts & Procedural History

Gerardo Sanchez and Victoria Hurtado appealed a non-final order from the Circuit Court for Miami-Dade County regarding a dispute with Citizens Propert…

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Topics
Sword-Wielder Doctrine Insurance Coverage Dispute

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Per_curiam
Per Curiam

Third District Court of Appeal State of Florida Opinion filed August 3, 2022. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D21-0948 Lower Tribunal No. 20-20627 ________________ Gerardo Sanchez and Victoria Hurtado, Appellants, vs. Citizens Property Insurance Corporation, et al., Appellees. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge. Middagh Law, PLLC and Richard K.E. Middagh; LDP Law & Associates, PA, and Lawrence D. Popritkin (Coral Springs), for appellants. Shutts & Bowen LLP and George N. Meros, Jr., and Amber Stoner Nunnally (Tallahassee); Russell S. Kent (Tallahassee), for appellees. Before LINDSEY, HENDON and LOBREE, JJ.

PER CURIAM.

Affirmed. See Carlile v. Game & Fresh Water Fish Comm’n, 354 So.

Footnotes
2 2d 362, 365 (Fla. 1977) (“The so called ‘sword-wielder’ doctrine applies only in those cases where the official action complained of has in fact been or is being performed in the county where the suit is filed, or when the threat of such action in said county is both real and imminent.”); Dep’t of Lab. & Emp. Sec. v. Lindquist, 698 So. 2d 299, 302 (Fla. 2d DCA 1997) (stating that “sword-wielder doctrine requires that the agency’s threat of action must be real and imminent rather than contingent and anticipatory to qualify as an exception to the general rule of venue”); Fla. Pub. Serv. Comm’n v. Triple A Enters., Inc., 387 So. 2d 940, 942 (Fla. 1980) (holding sword-wielder exception did not apply because threat of official action “was neither real nor imminent” where Public Service Commission sent letter to plaintiffs advising their business was operating without commission’s authorization and stating that if operations did not cease within five days injunction would be sought, but commission never sought threatened injunction).

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