Harvey v. Mattes

I agree with an affirmance in this case based on the ancient and apparently still well entrenched “local action rule.”1 A partition suit is an in rem cause of action,2 which must be brought in the county or circuit where the real estate is located.3 Section 64.091, Florida Statutes (1985) is controlling.4

Suits involving the “local action rule” are distinguishable from the cases dealing with section 47.041 as cited by Judge Cowart in Crescent Beach, Inc. v. Jarvis, 435 So.2d 396 (Fla. 5th DCA 1983). They all deal with “transitory” causes of actions5 which *1385theoretically may accrue in any county…