Winter v. Curtis, 311 So. 2d 815

PER CURIAM.

Plaintiff-appellant seeks review of the trial court‘s order dismissing plaintiff‘s amended complaint for improper venue.

The trial court having determined (1) that defendant Curtis, the only defendant served in this action, did not reside in Dade County, and (2) that no allegations in the complaint made it appear that any cause of action accrued in Dade County, we conclude the trial court was correct in dismissing the subject complaint for improper venue with leave to refile same in Alachua County, the residence of defendant Curtis, or such other county that plaintiff would choose. See § 47.011, Fla. Stat., F.S.A. and Larson v. Cooper, Fla. 1954, 75 So.2d 757; Florida Real Estate Commission v. Bodner, Fla. 1954, 75 So.2d 290.

Accordingly, the order herein appealed is affirmed.

Affirmed.

Case Details

Case Name: Winter v. Curtis

Court Name: District Court of Appeal of Florida

Date Published: Apr 15, 1975

Citations: 311 So. 2d 815; 74-1375

Docket Number: 74-1375

Court Abbreviation: Fla. Dist. Ct. App.