If you feel that a contracted with party has breached the terms of your agreement, absent specific language in the contract, any trial court in the state has jurisdiction to hear your claim. However, not all of court are “proper” venues. Determining which courts are proper is a very important strategic step to consider before initiating litigation. Indeed, when determining venue, absent a contractual provision to the contrary, the choice of venue should be carefully weighed alongside Chapter 47 of the Florida Statutes.
As an example, Chapter 47.051 provides that: Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office 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
The recent case of Kustom US, Inc. vs Herry, LLC offers insight into how the process of venue selection works under Florida law. The case involved a property restoration company, based out of Bay County, FL. The Plaintiff sued in Bay County after the restoration company allegedly failed to pay sums that were due and owing. In response, the restoration company argued that the proper venue was Seminole County, roughly 380 miles away. The courts determined that Bay County was a proper venue for the subcontractor’s action, and that the subcontractor was entitled under the law to continue litigating there. Had the restoration company been successful in their attempt to move jurisdiction to Seminole County, the distance alone would have greatly added to the defense, and expense, of the action. In this instance, the restoration company had ample evidence to support its argument that it had no representative or agent in Bay County, however, it lacked any evidence that the contractual breach did not occur in Bay County, which, according to Fla. Stat. § 47.025 is an integral part of selecting venue when a dispute arises against a contractor.
The plaintiff’s right to initially chose venue is a powerful weapon when starting litigation, however, the right is not absolute and should be considered carefully before suit is filed. When in doubt, contact a lawyer at Cohen Law Group to discuss your options in full.
COHEN LAW GROUP
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