State Public Service Commission v. Terrence Industries, Inc.

This interlocutory appeal was filed by the defendant from an order denying its motion to dismiss, claiming improper venue. The complaint filed by the plaintiff-appellee against the appellant state agency, the Florida Public Service Commission, alleged the plaintiff held a contract with the defendant. In separate counts plaintiff claimed performance and non-payment, and sought damages for an alleged breach of the contract by the defendant.

We hold that the denial of the defendant’s motion was error. By § 350.06 Fla. Stat., F.S.A. the office of the defendant Commission is designated to be in…