City of North Port v. Faust

RYDER, Chief Judge.

The lawsuit underlying this petition for the issuance of a writ of certiorari stems from a motorcycle accident within the city limits of North Port. The city was one of several defendants named in respondents’ complaint. North Port moved to dismiss the complaint for failure to state a cause of action, specifically claiming that the city was protected from suit by sovereign immunity. The city also contended that the cause of action did not accrue in Charlotte County. The trial court dismissed the complaint on the basis of improper venue,1 but denied the motion to dismiss…