Appellate Court Affirms Trial Court's Decision
East Coast Metal Decks, Inc., v. Boran Craig Barber
Engel Construction Co., Inc., 38 Fla. L. Weekly D1061a, Case NO.
2D12-1013, issued May 15, 2013: While finding that contractual venue provisions
are not binding on the court if there are compelling reasons not to enforce
them, the appellate court affirmed the trial court's denial of the
subcontractor's motion to transfer a breach of contract action brought by the
contractor in Collier County to Brevard County (where one of the projects was
located), even where the terms of the surety bonds mandated venue in Brevard
County (and denied conditionally awarding prevailing party attorney fees)..
(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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