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Aquaco, Inc. v. Hopkin

District Court of Appeal of Florida, Third District
Dec 9, 1975
323 So. 2d 678 (Fla. Dist. Ct. App. 1975)

Summary

finding that the defendants waived their venue privilege when "they did not file a timely motion therefor or claim the privilege in their answer but asserted the venue privilege . . . by motion filed subsequent to the answer"

Summary of this case from TIP TOP ENTERPRISES v. SUMMIT CONS

Opinion

No. 75-987.

December 9, 1975.

Appeal from the Circuit Court, Dade County, James Kehoe, J.

Krongold Bass and Theodore Bayer, Miami, for appellant.

Emanuel Sponder, Miramar, for appellees.

Before HENDRY, HAVERFIELD and NATHAN, JJ.


Aquaco, Inc., plaintiff in the trial court, appeals from an order granting defendants' motion to transfer, which motion asserted the defense of improper venue.

The sole question presented on this interlocutory appeal is whether the defendants waived their privilege of venue when they did not file a timely motion therefor or claim the privilege in their answer but asserted the venue privilege, apparently under § 47.011, Fla. Stat., by motion filed subsequent to the answer. We hold that defendants' privilege of venue is deemed waived. Brennan v. Brennan, Fla.App. 1966, 192 So.2d 782; Singer v. Tobin, Fla. App. 1967, 201 So.2d 799; Fixel v. Clevenger, Fla.App. 1973, 285 So.2d 687.

The trial court's order of transfer is reversed.


Summaries of

Aquaco, Inc. v. Hopkin

District Court of Appeal of Florida, Third District
Dec 9, 1975
323 So. 2d 678 (Fla. Dist. Ct. App. 1975)

finding that the defendants waived their venue privilege when "they did not file a timely motion therefor or claim the privilege in their answer but asserted the venue privilege . . . by motion filed subsequent to the answer"

Summary of this case from TIP TOP ENTERPRISES v. SUMMIT CONS
Case details for

Aquaco, Inc. v. Hopkin

Case Details

Full title:AQUACO, INC., A CORPORATION, APPELLANT, v. NORMA HOPKIN D/B/A TROPICAL…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 9, 1975

Citations

323 So. 2d 678 (Fla. Dist. Ct. App. 1975)

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TIP TOP ENTERPRISES v. SUMMIT CONS

As the rule makes clear, the defense was waived. See Aquaco, Inc. v. Hopkin, 323 So.2d 678, 679 (Fla. 3d DCA…