Opinion

Brown v. Fabric Printers, Inc.

  • 191 So. 2d 486
  • 1966 Fla. App. LEXIS 4526
Court
District Court of Appeal of Florida
Filed
Nov 1, 1966
Status
Published
Author
Swann
On the bench
Carroll, Pearson, Swann
Cited by
0 cases

The opinion

SWANN, Judge.

Defendant, Roger Brown, appeals an interlocutory order which denied his motion for a change of venue.

Plaintiff, a Florida corporation with its principal place of business in Dade County, sued defendant, a resident of Broward County, for breach of contract. Defendant challenged venue, with supporting affidavits and the trial court denied his motion.

Plaintiff appellee has failed to file a brief. See Am.Jur.2d Appeals, § 686, p. *487 132. Nevertheless, the order appealed must he affirmed. Plaintiff’s complaint alleged that performance of the contract was to he in Dade County, Florida. The contract required the public relation services by the defendant to be performed in New York and “other metropolitan areas.”

There were sufficient grounds for the trial judge to determine that the cause of action accrued, under Section 46.01, Florida Statutes, F.S.A., when the defendant allegedly breached his obligation to perform services which, it was reasonable to say, were to be performed in Dade County, Florida, under the term “other metropolitan areas.”

For the reasons, we affirm the action of the trial judge in denying the motion for change of venue.

It is so ordered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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