333 So. 2d 77 | Fla. Dist. Ct. App. | 1976
By this interlocutory appeal,
“Whether or not an action pursuant to a contract predicated upon Section 337.19, Florida Statutes, may be brought in a county other than Leon County, which is the headquarters of Appellant State of Florida Department of Transportation pursuant to Section 334.05, Florida Statutes, absent a waiver by the Appellant.”
The complaint, filed by appellee Chad-bourne in Escambia County, seeks damages pursuant to a contract with the Department of Transportation. The cause of action accrued in Escambia County. Florida Statute 337.19
The Department of Transportation argues that the statute gives it the opportunity to be sued where the cause of action accrued, if it so desires, by waiving the right to be sued in Leon County. Such argument is fallacious in that the legislature, in its wisdom, eliminated the former “right” of the department to be sued only in Leon County. In support of its position, the department relies heavily upon this court’s opinion in State v. Negrin.
“. . . It is apparent therefore that the language of F.S. 337.19(3) that ‘All actions and suits brought against the department * * * shall be brought in the county or counties where the cause of action accrued or in Leon County’ was intended to relate to actions contemplated by Chapter 337 Florida Statutes and not tort actions.” (emphasis supplied)
Interlocutory appeal dismissed.
. Florida Appellate Rule 4.2.
. Florida Statute 337.19 provides:
“337.19 Suits by and against department; limitation of actions; form.
“(1) Suits at law and in equity may be brought and maintained by and against the department on any claim under contract for work done; provided, that no suit sounding in tort shall be maintained against the department.
“(2) Suits against the department under this section can only be commenced within 2 years from and after the time of the completion of the work done.
“(3) All actions and suits brought against the department after July 9, 1969, shall be brought in the county or counties where the cause of action accrued or in Deon County.”
. State v. Negrin, 306 So.2d 606 (1 Fla.App.1975).