VITAL INDUSTRIES, INC., Appellant,
v.
Ronald H. BURCH, Appellee.
District Court of Appeal of Florida, Fourth District.
Bruce E. Hoffman of Law Offices of Eilon Krugman-Kadi, Gainesville, for appellant.
No brief filed for appellee.
PER CURIAM.
Vital Industries, Inc., defendant below, appeals from a non-final order which dismissed (with leave to amend) appellee's complaint for failure to state a cause of action but denied that portion of the motion to dismiss based upon improper venue. The court apparently thereby determined that venue was properly laid in Palm Beach County.
The cause of action was based on an alleged breach of a contract of employment. From the scant pleadings before us it appears that only two contacts exist between the cause of action and Palm Beach County. The offer of employment was mailed from Alachua County to appellee in Palm Beach County and at that time the appellee resided in Palm Beach County. Alachua County has numerous other contacts with the parties and appears to be the proper venue.
"A cause of action for breach of contract accrues in the locale where the defendant *1024 fails to perform its contract." Coordinated Constructors v. Florida Fill, Inc.,
We therefore reverse that portion of the order pertaining to the venue issue and remand with instructions to transfer this cause to the appropriate court in Alachua County.
REVERSED and REMANDED.
DOWNEY, ANSTEAD and HERSEY, JJ., concur.
