Legal Opinion
Fine v. Carney Bank of Broward County
District Court of Appeal of Florida
Decided June 17, 1987No. 87-0422PublishedCited by 7 opinions
1Opinion of the Court
HERSEY, Chief Judge.
Appellant, Fine, is the defendant in this action on a promissory note. His motion to dismiss for improper venue was denied. We affirm.
The contention by appellant that the complaint is defective for failure to aver venue is without merit. In Tribune Company v. Approved Personnel, Inc., 115 So.2d 170, 172 (Fla. 1st DCA 1959), the court explained:
It is of the very nature of venue that plaintiff selects it initially, but need not plead or prove that his selection has been proper and the burden of pleading and proving that venue is improper, if such is the fact, is upon the…
2Cases cited3 opinions
- Tribune Co. v. Approved Personnel, Inc.District Court of Appeal of Florida · 1959
- Finchum v. VogelDistrict Court of Appeal of Florida · 1966
- Hallmark Industries, Inc. v. Scarborough Chemicals, Inc.District Court of Appeal of Florida · 1982
3Cited by7 opinions
- Williams v. OkenSupreme Court of Florida · 2011
- Mechanics Laundry & Supply, Inc. v. Wilder Oil Co.Indiana Court of Appeals · 1992
- Eaton Financial Corp. v. McClure Electric Co.Circuit Court for the Judicial Circuits of Florida · 1990
- Mechanics Laundry & Supply, Inc. v. Wilder Oil Co.Indiana Court of Appeals · 1992
- Southeast Bank, N.A. v. SerigneseDistrict Court of Appeal of Florida · 1988
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