Motion To Dismiss For Improper Venue

54 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Inverness Coca-Cola Bottling Co. v. Lottie McDANIEL
  78 So. 2d 100· Fla.· 1955-01-21 ·cited 108×
  A Florida bottling company appealed a jury verdict for negligence and breach of warranty after being served in the wrong venue, arguing the trial court erred in denying its motion to change venue. The Supreme Court held the company waived its venue privilege by failing to timely
• Walt Disney World Co. & Ins. Co. of N. Am. v. Leff
  323 So. 2d 602· Fla. 4th DCA· 1975-12-19 ·cited 33×
  A dispute over venue in a personal injury action arising from an accident at Walt Disney World. The plaintiffs, Broward County residents, sued both Walt Disney World and its insurer in Broward County, but the court held that venue was improperly laid there because both defendants
• Ware Else, Inc. v. Ofstein
  856 So. 2d 1079· Fla. 5th DCA· 2003-10-17 ·cited 32×
  Ware Else, Inc. and Ware Enterprises, Inc. appealed the trial court's denial of their motion to dismiss a count based on a forum selection clause in a non-compete agreement requiring litigation in Missouri. The Fifth District Court of Appeal reversed, holding that the forum selec
• Aluia v. Dyck-O'Neal, Inc.
  205 So. 3d 768· Fla. 2d DCA· 2016-07-15 ·cited 21×
  The court affirmed the denial of Aluia's motion to dismiss a deficiency decree action brought by Dyck-O'Neal, Inc. in Florida, rejecting his argument that venue was improper under the Fair Debt Collection Practices Act (FDCPA), which would require the action to be brought in Mich
• Groome v. Abrams
  448 So. 2d 82· Fla. 4th DCA· 1984-04-11 ·cited 21×
  Appellant Groome sued appellees for money owed under an oral contract for personal services and chose Palm Beach County as venue. Appellees moved for change of venue to Marion County without presenting evidence to support their motion. The court reversed the venue change, holding
• Willis H. Luckie and his wife v. McCALL MFG. Co., Inc.
  153 So. 2d 311· Fla. 1st DCA· 1963-05-16 ·cited 21×
  McCall Mfg. Co. sued to enforce trademark rights in Hamilton County, and the defendants appealed an order denying their motion to dismiss for lack of venue and their motion to strike portions of the complaint. The court held that venue properly lay in Hamilton County because a ca
• Am. K-9 Detection Servs., Inc. v. Cicero
  100 So. 3d 236· Fla. 5th DCA· 2012-11-02 ·cited 19×
  American K-9 appealed the denial of its motion to dismiss for improper venue, arguing that a contractual provision was a consent-to-jurisdiction clause rather than a forum selection clause. The court affirmed, holding that the provision constitutes a permissive forum selection cl
• Kolsky v. Jackson Square, LLC
  28 So. 3d 965· Fla. 3d DCA· 2010-02-24 ·cited 19×
  Five defendants appealed from an order denying their motion to compel arbitration of claims arising from a Miami development project dispute. The Third District Court of Appeal reversed the trial court's denial of the motion to compel arbitration, finding that the claims fell wit
• Deeb v. The Bd. OF Pub. Instruction OF Columbia Cnty.
  196 So. 2d 22· Fla. 2d DCA· 1967-03-01 ·cited 19×
  Deeb, Inc. and Maryland Casualty Company appealed an order denying their motion to dismiss for improper venue in a breach of contract suit brought by American Seating Company. The court held that a contractual provision requiring venue in Pinellas County was valid and enforceable
• Clay W. Keith v. Dykes
  430 So. 2d 502· Fla. 1st DCA· 1983-04-12 ·cited 18×
  Clay Keith, Director of the Division of Drivers Licenses, appealed the trial court's denial of his motion to dismiss for improper venue in an action brought by Brenda Dykes. The court held that the cause of action accrued when the Department of Insurance denied the claimants' cla
• Jones v. Christina
  184 So. 2d 181· Fla.· 1966-03-02 ·cited 18×
  The Florida Supreme Court held that a revisor's bill amending venue statute § 46.01 was constitutionally valid and did not expand its application to non-residents, as the amendment only eliminated an affidavit requirement while leaving intact the existing exception for non-reside
• Corsec v. VMC Int'l Franchising, LLC
  909 So. 2d 945· Fla. 3d DCA· 2005-08-17 ·cited 17×
  CORSEC, a Spanish company, appeals the denial of its motion to dismiss for improper venue based on a mandatory forum selection clause in its franchise agreement with VMC International requiring disputes to be litigated in Madrid, Spain. The court held that forum selection clauses
• Travel Express Inv. Inc. v. AT & T Corp.
  14 So. 3d 1224· Fla. 5th DCA· 2009-06-26 ·cited 14×
  The court held that a forum selection clause stating the parties consent to "the exclusive jurisdiction of the courts located in New York City, USA" is mandatory, not permissive, and therefore requires dismissal of a breach of contract action filed in Florida. The use of the word
• Norwegian Cruise Line, Ltd. v. Clark
  841 So. 2d 547· Fla. 2d DCA· 2003-03-07 ·cited 11×
  Norwegian Cruise Line appeals a trial court's denial of its motion to dismiss or transfer a negligence case to Dade County based on a forum selection clause in the cruise ticket. The court reverses, holding that the forum selection clause in the passenger ticket contract is enfor
• Neizil v. Williams
  543 F. Supp. 899· M.D. Fla.· 1982-07-16 ·cited 11×
  The court held that it had personal jurisdiction over defendant Bonham Brothers and that venue was proper in the Florida district, denying motions to dismiss and transfer.
• Firemen's Ins. Co. OF Newark v. Olson
  176 So. 2d 594· Fla. 3d DCA· 1965-06-29 ·cited 10×
  An action on a fire insurance policy is transitory in nature and may be brought where the insurance contract was made and the insurer's agent is located, even though the property damage occurred in a different county.
• Shands Teaching Hosp. & Clinics, Inc. v. Adel Sidky, M.D.
  936 So. 2d 715· Fla. 4th DCA· 2006-08-16 ·cited 8×
  The Fourth District Court of Appeal reversed the trial court's denial of the University of Florida's motion to dismiss for improper venue, holding that the Grice joint tortfeasor exception does not apply to the statutory home venue privilege for state university boards of trustee
• Pozo v. Roadhouse Grill, Inc.
  790 So. 2d 1255· Fla. 5th DCA· 2001-08-10 ·cited 7×
  Rafael Pozo, an attorney sued for professional malpractice in Orange County, appealed the trial court's denial of his motion to dismiss for improper venue. The Fifth District Court of Appeal reversed, holding that the complaint failed to adequately allege venue in Orange County a
• W. BAY Plaza Condo. Ass'n, Inc. v. Sika Corp.
  338 So. 3d 32· Fla. 3d DCA· 2022-03-09 ·cited 5×
  West Bay Plaza Condominium Association appealed a trial court order dismissing its breach of warranty claim against Sika Corporation for improper venue in Florida. The court affirmed the dismissal, holding that a mandatory forum selection clause in the warranty requiring disputes
• Butler v. Butler
  866 So. 2d 1280· Fla. 4th DCA· 2004-03-10 ·cited 5×
  In a dissolution of marriage case, the Florida Fourth District Court of Appeal reversed the trial court's denial of the husband's motion to dismiss for improper venue, holding that venue for a dissolution action lies in the county where the parties last resided together with a co
• PDM Bridge Corp. v. JC Indus. Mfg.
  851 So. 2d 289· Fla. 3d DCA· 2003-08-06 ·cited 5×
  PDM Bridge Corporation appeals the denial of its motion to dismiss for improper venue in a breach of contract action brought in Miami-Dade County. The court reverses, holding that the debtor-creditor venue rule does not apply because the claims involve unliquidated damages, not a
• Woodson Elec. Solutions v. Port Royal Prop.
  271 So. 3d 111· Fla. 3d DCA· 2019-03-13 ·cited 4×
  Port Royal Property, LLC sued Defendants in Miami-Dade County for breach of contract, breach of warranty, fraudulent misrepresentation, negligent misrepresentation, and negligence arising from defective audiovisual and internet system installation in Naples, Collier County. The D
• Pronman v. Styles
  163 So. 3d 535· Fla. 4th DCA· 2015-03-04 ·cited 4×
  The Fourth District Court of Appeal affirmed a trial court's award of attorney's fees under Fla. Stat. § 57.105 against appellants for asserting a frivolous venue and jurisdiction defense, but reversed the award of costs as not permitted under the statute. The case addressed whet
• Magical Cruise Co. Ltd. v. Renata Lohinski
  829 So. 2d 925· Fla. 3d DCA· 2002-09-25 ·cited 4×
  Disney Cruise Company appealed the denial of its motion to dismiss for improper venue in a personal injury case brought by Renata Lohinski, a Croatian national injured while working aboard the Disney Wonder. The Florida appellate court reversed, holding that merely doing business
• Skinner v. Starlett C. Skinner
  678 So. 2d 512· Fla. 4th DCA· 1996-08-28 ·cited 4×
  Appellant John Skinner challenged venue in a Florida family law action where his ex-wife filed in Palm Beach County seeking to domesticate and modify an Alabama divorce judgment. The court held that the specific venue statute for modification actions did not apply because the wif
• Sch. Bd. OF Osceola Cnty. v. James E. Rose Mech. Contractors, Inc.
  604 So. 2d 521· Fla. 5th DCA· 1992-07-10 ·cited 4×
  The School Board of Osceola County appealed the trial court's denial of its motion to dismiss for improper venue. The court reversed, holding that the plaintiff failed to plead facts establishing the School Board as a joint tort-feasor, which is the only exception that would over
• Hauck v. Triana Custom Homes, Inc.
  467 So. 2d 707· Fla. 5th DCA· 1985-02-07 ·cited 4×
  This case involves an appeal from a trial court's denial of a motion to dismiss for improper venue. The appellate court reversed the trial court's decision, finding that venue was proper in Dade County based on the parties' agreement and other factors.
• Cousins Mortg. & Equity Invs. v. The Fla. First Nat'l Bank AT Pensacola
  324 So. 2d 139· Fla. 1st DCA· 1975-11-26 ·cited 4×
  Cousins Mortgage appealed an order denying its motion to dismiss for improper venue in a promissory note action. The court held that Florida's special venue statute for promissory notes (§47.061) does not apply when the maker does not reside in Florida and the note was not execut
• JSO Servs., LLC v. Trujillo
  364 So. 3d 1078· Fla. 3d DCA· 2024-10-30 ·cited 3×
  Imperial Paving, LLC and related defendants appealed the trial court's denial of their motions to dismiss for improper venue or forum non conveniens and to transfer venue. The Third District Court of Appeal affirmed the trial court's decision, holding that the defendants failed t
• Royal Caribbean Cruises Ltd. v. Ean-Hui OOI
  386 So. 3d 218· Fla. 3d DCA· 2023-08-23 ·cited 2×
  The appellate court affirmed the trial court's denial of Royal Caribbean's motion to dismiss. The court found that the forum selection clause in the passenger ticket contract, which was between the passenger and a related entity (RCL), did not apply to Royal Caribbean, and thus d
• Signtronix, Inc. v. Annabelle's Interiors, Inc.
  260 So. 3d 1186· Fla. 1st DCA· 2018-12-31 ·cited 2×
  Signtronix, Inc. appealed a trial court's denial of its motion to dismiss for improper venue based on a contractual forum selection clause. The appellate court reversed, holding that the parties' sales agreement contained a mandatory, exclusive venue provision requiring disputes
• Hunter v. Shaw
  182 So. 3d 784· Fla. 1st DCA· 2015-12-31 ·cited 2×
  The Sheriff of Columbia County appeals a trial court's denial of his motion to dismiss based on improper venue. The court held that a government entity sued vicariously for an employee's negligence is not a joint tortfeasor within the recognized exception to the home venue privil
• Shahnasarian v. Tejedor
  41 So. 3d 348· Fla. 5th DCA· 2010-07-23 ·cited 2×
  The Florida Fifth District Court of Appeal reversed the trial court's denial of appellants' motion to dismiss a libel action for improper venue, finding that appellees failed to establish that the alleged libelous documents were published to third persons in Orange County, which
• Walker v. Hallmark Bank & Tr., Ltd.
  707 F. Supp. 2d 1322· S.D. Fla.· 2010-03-29 ·cited 2×
  The court granted Hallmark's motion to dismiss based on a mandatory forum selection clause, dismissing the complaint without prejudice against most defendants and with prejudice against Michael Misick.
• Perez v. Ferrell
  932 So. 2d 388· Fla. 2d DCA· 2006-03-31 ·cited 2×
  Jo Manuel Perez appealed the denial of his motion to dismiss for improper venue when he was joined as a defendant in an ongoing personal injury action in Hillsborough County, despite the collision involving him occurring in Martin County and his residence being in Palm Beach Coun
• Bombardier Cap. Inc. v. Progressive Mktg. Grp., Inc.
  801 So. 2d 131· Fla. 4th DCA· 2001-11-14 ·cited 2×
  Bombardier Capital sought to enforce a mandatory forum selection clause in financing documents requiring disputes be litigated in New York courts. The trial court denied the motion to dismiss for improper venue, reasoning the clause was no longer applicable because BCI had reloca
• Gorman v. Royal Am. Constr. Co., Inc.
  247 So. 2d 66· Fla. 1st DCA· 1971-04-20 ·cited 2×
  Appellants sought review of an order denying their motion to dismiss or transfer a promissory note action for improper venue. The court affirmed the lower court's denial, finding the action properly brought in Bay County where the underlying construction transaction was consummat
• Casa Verde MHC, LLC v. Tenant's Rights LLC
  432 So. 3d 549· Fla. 4th DCA· 2026-04-29 ·cited 1×
  A plaintiff must allege in the complaint a sufficient factual basis for the selected venue, and where a complaint does not allege that the defendant maintains an office or agent in the chosen county and all material facts point to another county as the proper venue, the action mu
• Total Quality Logistics, LLC v. Trade Link Cap., Inc.
  358 So. 3d 458· Fla. 3d DCA· 2023-03-08 ·cited 1×
  The appellate court reversed a trial court's denial of a motion to dismiss, finding that a mandatory forum selection clause in the parties' agreement was valid and enforceable. The plaintiffs failed to demonstrate that litigating in the designated Ohio venue would be unjust or un
• Dlin v. Nayibe Dlin
  283 So. 3d 985· Fla. 3d DCA· 2019-11-20 ·cited 1×
  The appellate court reversed a trial court's denial of a motion to dismiss a dissolution petition, finding that venue was improper in Miami-Dade County. The court directed the case be transferred to Volusia County, where the parties last resided together with the intent to remain
• Lobo v. Celebrity Cruises, Inc.
  426 F. Supp. 2d 1296· S.D. Fla.· 2006-03-27 ·cited 1×
  The court held that the Convention Act requires enforcement of arbitration clauses in seamen's employment contracts, even for statutory wage claims, and that the FAA's seamen exemption does not apply to the Convention Act.
• Marco Forwarding Co. v. Cont'l Cas. Co.
  430 F. Supp. 2d 1289· S.D. Fla.· 2005-09-30 ·cited 1×
  A forum selection clause in a maritime insurance contract is enforceable unless the party seeking to avoid it shows it is unreasonable, which Marco Forwarding failed to do.
• Lindberg v. Universal Life Ins. Co.
  M.D. Fla.· 2025-11-20
  The court held that the Middle District of Florida is an improper venue to compel arbitration when the agreement specifies arbitration in Puerto Rico, following the majority approach under the FAA.
• Suffolk Constr. Co., Inc. v. Shoma Vill. Apts., LLC
  S.D. Fla.· 2025-11-17
  A forum-selection clause specifying a county permits litigation in either federal or state court within that county, and a corporation can be represented by its licensed in-house counsel.
• Williams IP Holdings LLC v. Schwarz
  394 So. 3d 199· Fla. 3d DCA· 2024-07-24
  A mandatory forum selection clause in a governing agreement takes priority over a permissive forum selection clause in a subordinate proposal that is integrated into the governing agreement. The PR Agreement's mandatory New York forum selection clause superseded Quote 1299's perm
• Medallia Inc. v. EchoSpan, Inc.
  M.D. Fla.· 2023-08-21
  Venue is improper in the Middle District of Florida because the defendant does not have a regular and established place of business there, as employee homes do not constitute a place of business of the defendant under 28 U.S.C. § 1400(b).
• Total Quality Logistics, LLC v. Trade Link Cap., Inc.
  Fla. 3d DCA· 2023-03-08
  A mandatory forum selection clause in a written contract is presumptively valid and enforceable; the party seeking to avoid enforcement bears the burden of establishing that enforcement would be unjust or unreasonable—essentially that the designated forum amounts to no forum at a
• Graham v. Rapid Auto Loans, LLC
  S.D. Fla.· 2021-01-07
  A forum selection clause in a loan agreement is enforceable and dictates the proper venue for claims arising from or relating to the agreement, even if those claims are brought under statutes like the TCPA and FCCPA.
• Thakkar v. Good
  S.D. Fla.· 2020-10-27
  The court adopted the magistrate judge's recommendation to grant in part the motion to transfer venue and denied the motion to dismiss for improper venue.
• Orion Marine Constr., Inc. v. Marine Structures, LLC
  M.D. Fla.· 2019-10-09
  A forum-selection clause is presumptively valid and enforceable unless the plaintiff makes a strong showing that enforcement would be unfair or unreasonable.