Legal Opinion

Pill v. Merco Group of the Palm Beaches, Inc.

District Court of Appeal of Florida

Decided March 16, 2011No. 4D10-2537Published

1Opinion of the CourtPolen, J.

Plaintiffs seek review of the trial court’s order granting defendants’ motion to dismiss and transferring the case from Palm Beach County to Miami-Dade County. We find that the trial court erred in transferring venue, and reverse. 1

Plaintiffs sued defendants in Palm Beach County for the return of deposits on pre-construction contracts. The corporate and individual defendants, all residing in Miami-Dade County, filed motions to dismiss based on the “joint residency rule.”

The joint residency rule was first articulated by our supreme court, when it held:

We hold, therefore, that where an…

2Cases cited5 opinions

  1. Enfinger v. BaxleySupreme Court of Florida · 1957
  2. Barry Cook Ford, Inc. v. Ford Motor Co.District Court of Appeal of Florida · 1990
  3. Sinclair Fund, Inc. v. BurtonDistrict Court of Appeal of Florida · 1993
  4. Brown v. NAGELHOUTDistrict Court of Appeal of Florida · 2010
  5. Heartland Organics, Inc. v. MC Developments, LLCDistrict Court of Appeal of Florida · 2009

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