DEPARTMENT OF NATURAL RESOURCES, STATE OF FLORIDA, APPELLANT,

v.

BURTON HOLMES ET AL., APPELLEES

Citator

Cited By

• Speedling, Inc. v. Harold "Andy" Krig, 378 So. 2d 57 (Fla. 2d DCA 1979)
  …urs, and if a contract involves performance, the breach occurs where the defaulting party fails to perform an act that it has agreed to do. American International Food Corporation v. Lesko, 358 So. 2d 250 (Fla. 4th DCA 1978); Stanfield v. DeStefano, 300 So. 2d 712 (Fla. 2d DCA 1974); Williams v. Scholfield, 144 So. 2d 89 (Fla. 1st DCA 1962).1 According to the affidavit submitted by Speedling’s president, Speedling always made delivery of its products at its place of business in Hillsborough County.2 Thus, the…
• Forms & Surfaces, Inc. v. Welbro Constructors, Inc., 627 So. 2d 594 (Fla. 5th DCA 1993)
  …with defective or nonconforming stone. An action for such a breach accrues, for venue purposes, where the allegedly defective or nonconforming goods were deliv-©red.3 Whittington v. Laney, 566 So. 2d 599 (Fla. 5th DCA 1990); Stanfield v. DeStefano, 300 So. 2d 712 (Fla. 2d DCA 1974); Richard Bertram & Co. v. Barrett, 155 So. 2d 409 (Fla. 1st DCA 1963). Here the breach occurred, if at all, upon delivery of the goods to Welbro, not, as claimed by Welbro, where the defect was discovered. Accordingly, venue in Or…
• Sundor Brands, Inc. v. Groves Co., Inc., 604 So. 2d 901 (Fla. 5th DCA 1992)
  …int is defendants’ breach of the warranties, covenants and representations contained in the Agreement. They rely on cases holding that venue in actions for breach of warranty lies where the items warranted were delivered. See Stanfield v. Destefano, 300 So. 2d 712 (Fla. 2d DCA 1974); Richard Bertram & Co. v. Barrett, 155 So. 2d 409 (Fla. 1st DCA 1963). See also Whittington v. Laney, 566 So. 2d 599 (Fla. 5th DCA 1990). Defendants similarly contend that a cause of action for breach of a guarantee accrues where…

Authorities Cited

• State Rd. Dep't of Fla. v. Brill, 171 So. 2d 229 (Fla. 1st DCA 1964)