338 So. 2d 855 | Fla. Dist. Ct. App. | 1976
Lead Opinion
Defendants take this interlocutory appeal to review an order vacating and setting aside a previous order transferring this cause to Lee County. Plaintiff Larry G. Joslin was injured in an automobile accident in Lee County. He filed a complaint in Dade County alleging that he became a quadriplegic as a result of this accident caused by the wrongful conduct of the defendants, Bock Industries of Florida,. Inc., Warren Brothers Company and Ashland Oil, Inc. Bock Industries
Appellants contend that the trial court erred in vacating its transfer order to Lee County thereby holding that Dade County is the proper forum to try the instant cause.
First, the plaintiff has the option of choosing the forum, not the defendant. Equilease Corporation v. Clifford, Fla. App.1971, 251 So.2d 40. Second, upon reading §§ 47.051 and 47.021, Fla.Stat.
Affirmed.
. Not a party to this appeal.
. “47.051 Actions against corporations.
“Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an of- ' fice for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located. Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located.
“47.021 Actions against defendants residing in different counties.
“Actions against two or more defendants residing in different counties may be brought in any county in which any defendant resides.”
Rehearing
ON PETITION FOR REHEARING
Appellants contend that contrary to the factual situation set out in our opinion, the trial court did not hear oral argument on plaintiff-appellee’s motion to vacate transfer order. Although the order vacating the previous transfer order recites that argument was heard, the record demonstrates to the contrary. Therefore, we modify our opinion to reflect this fact by deletion on page 2 of the words “Oral argument was heard on this motion. . . ”
Nevertheless, the record does reflect a hearing was held on appellants’ petition for rehearing of the motion to vacate the transfer order and thereafter the trial judge denied the petition. We adhere to the opinion filed in this cause and deny the petition for rehearing.