Legal Opinion

Tietig v. Riccio

District Court of Appeal of Florida

Decided June 19, 1984No. 84-310PublishedCited by 3 opinions

1Per curiam

Because plaintiffs suit seeks primarily foreclosure of a mechanic’s lien on real property, even though damages are sought as an alternative remedy, the action should have been brought in Brevard County where the property is situated. See Georgia Casualty Co. v. O’Donnell, 109 Fla. 290, 147 So. 267 (1933); Sales v. Berzin, 212 So.2d 23 (Fla. 4th DCA 1968) (a suit to foreclose mortgage is local, and must be brought in county where land lies, even though other relief, such as deficiency judgment, may be granted).

Reversed with instructions to transfer venue or dismiss.

2Cases cited2 opinions

  1. Georgia Casualty Co. v. O'DonnellSupreme Court of Florida · 1933
  2. Sales v. BerzinDistrict Court of Appeal of Florida · 1968

3Cited by3 opinions

  1. Haws & Garrett v. Panhandle Custom DecoratorsDistrict Court of Appeal of Florida · 1986
  2. Meka Construction Corp. v. Village Mall of Port Orange, Ltd.District Court of Appeal of Florida · 1985
  3. SAAD Homes, Inc. v. RiveroDistrict Court of Appeal of Florida · 2009