Mercedes Homes, Inc. v. Goldsmith

Goldsmith sued Mercedes Homes seeking in Count I, specific performance of a contract for sale of real property, and in Count II, damages for breach of contract as an alternative to specific performance. Mercedes moved to transfer venue under a' venue provision in the contract. The trial court denied the motion because the property was located in the county in which the complaint was filed, and the jurisdictional authority of the court over the property existed only in that county. Ruth v. Dep’t of Legal Affairs, 684 So.2d 181 (Fla.1996).

Mercedes argues that venue should not be governed by the…