Legal Opinion · Concurrence

Goodwin v. Figueroa

District Court of Appeal of Florida

Decided December 29, 1981No. 81-928Published

1ConcurrenceFerguson, Judge

I agree with the majority opinion that the cause of action, if any, accrued in Lee County making venue in Dade County improper. I base my conclusion, as I believe the majority does, not on a theory of over*1057payment, but simply upon the fact that the alleged wrongful act was committed in Lee County. In Macasphalt Corp. v. General Development Corp., 353 So.2d 878 (Fla.3d DCA 1978) the breaching act was alleged to be wrongful collection which was completed upon payment. In this case, the wrongful act was alleged to be that of withholding a sales deposit resulting in unjust enrichment or,…

2Cases cited3 opinions

  1. Mendez v. George Hunt, Inc.District Court of Appeal of Florida · 1966
  2. MacAsphalt Corp. v. Gen. Dev. Corp.District Court of Appeal of Florida · 1977
  3. USH Properties Corp. v. INTERCOASTAL INVEST. INC.District Court of Appeal of Florida · 1976

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