Legal Opinion
Travelers Casualty and Insurance Company of America v. Community Asphalt Corp.
District Court of Appeal of Florida
Decided June 7, 2017No. 16-0004Published
1Opinion of the CourtLogue, J.
A Subcontractor sued a Surety for amounts unpaid by the General Contractor. The Surety moved to dismiss for improper venue. The motion to dismiss maintained that the lawsuit was not filed in the county required by the venue selection clause of the subcontract between the General. Contractor and the Subcontractor. The trial court denied the motion. We have jurisdiction to review this non-final order. See Fla. R. App. P. 9.130(a)(3)(A). We affirm the order on all issues raised, and write only to explain why the subcontract’s venue selection clause does not control.
FACTS AND PROCEDURAL HISTORY
The…
2Cases cited4 opinions
- Borden v. East-European Ins. Co.Supreme Court of Florida · 2006
- Ins. Co. of North Am. v. Jetstar Dev., Inc.District Court of Appeal of Florida · 1987
- Miller & Solomon General Contractors, Inc. v. Brennan's Glass Co., Inc.District Court of Appeal of Florida · 2003
- American Insurance Co. v. Joyner Electric, Inc.District Court of Appeal of Florida · 1993