HomeMy WebLinkAbout0068 ~3~ ~ IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COLiNTY,
STATE OF FLORIDA.
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JANICE McLINDON and PREFERRED *
RISK biUTUAL INSURANCE C~~PANY, *
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• Appellants, *
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-vs- * CASE NO. ??-286-CA
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BEN L. BRYAN, SR., * ;
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Appe2lPe. *
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ORDER ON APPEAL
This cause comes before the Court on a direct interlocutory
appeal from the County Gourt of St. Lucie County, Florida from a
ruling of the Court below denying Appellants' ~otion to Dismiss .
and Motion to Transfer the Complaint filed against them. The ~
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sole question presented is that of venue and the facts are simple
and without dispute. For brevity, the Appellants. JANICE McLINDON
and PREFERRED RISK MUTUAL INSURANCE COI~PANY, will be hereinafter
referred to as I~icLindon and Preferred Risk and the Appellee, BEN
L. BRYAN~ SR., will be hereinafter referred to as Bryan. Bryan is
a resident of St. Lucie County and McLindon is a resident of Orange
County. Preferred Risk, ~icLindon's insurance carrier, is a foreign
corporation licensed to do business in Florida and maintains offices
in~all counties of Florida including Orange County and St. Lucie
County. On November 11, 19?6 an automobile accident occurred in ~
Orange County between a car owned and operated by Bryan and a car
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owned and operated by MeLindon. Bryan filed suit in the County
Court of St. Lucie County against ~cLindon and Preferred Risk.
ldcLindon and Preferred Risk moved to dismiss or Lo transfer the
case to Orange County. The lower Court denied both motions and
this appeal was then instituted by ~ScLindon and Preferred Risk.
Florida Statute 47.011 provides that~transitory actions
within this state against individuals must be brought either in
the county of residence of that individual or in the county wherein
the cause of action occurred. The law allows Defendants that are
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