Legal Opinion

Panache on Park Avenue v. Panache Salon & Boutique of St. Augustine, Inc.

District Court of Appeal of Florida

Decided November 22, 1994No. 93-3931Published

1Opinion of the Court

JOANOS, Judge.

Appellant, Panache on Park Avenue, appeals a non-final order issued by the Clay County Circuit Court transferring venue from Clay County to St. John’s County. The issues are (1) whether appellee’s use of appellant’s service name in appellant’s trade area constitutes a sufficient overt act to support venue in appellant’s trade area, and (2) whether appellee met its burden to overcome the presumption of correctness as to appellant’s choice of venue. We reverse.

The record in this cause reflects that prior to filing suit, appellant attempted to resolve the dispute amicably and…

2Cases cited5 opinions

  1. Premier Cruise Lines, Ltd. v. GavrilisDistrict Court of Appeal of Florida · 1990
  2. Luckie v. McCall Mfg. Co.District Court of Appeal of Florida · 1963
  3. Barry Cook Ford, Inc. v. Ford Motor Co.District Court of Appeal of Florida · 1990
  4. Williams v. Union Nat. Ins. Co.District Court of Appeal of Florida · 1988
  5. Armstrong v. Times Publishing Co.District Court of Appeal of Florida · 1985

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