Transfer of Venue Case

By Anonymous -

Suncoast Home Improvements, Inc., v. Robichaud, 38 Fla. L. Weekly D265a, Case No. 2D12-2645, filed February 1, 2013: In reversing trial court's nonfinal order transferring venue from Pinellas County to Charlotte County, judge Silberman found that, since the defendant owners did not file an affidavit disputing venue in Pinellas County, the "place of payment rule" applies, notwithstanding that the defendants resided, and the work was performed, in Charlotte County.
Note: As this opinion points out, the "place of payment" rule for venue does not apply where the damages are unliquidated.
(From RPPTL Subcommittee)


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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