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Henry v. Lemac Builders, Inc.

District Court of Appeal of Florida, Third District
Mar 25, 1971
245 So. 2d 115 (Fla. Dist. Ct. App. 1971)

Opinion

No. 70-1070.

February 9, 1971. Rehearing Denied March 25, 1971.

Appeal from the Circuit Court for Dade County, Milton A. Friedman, J.

Ainslee R. Ferdie, Coral Gables, for appellant.

Harvey Richman, Miami Beach, for appellee.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.


This interlocutory appeal presents a question of venue. The appellant urges that the proper venue is Orange County where the defendant resides or Brevard County where the lease arose. The lease sets forth that the rent is to be paid in Dade County; therefore, an action to recover rent may be brought in Dade County. Williams v. Aeroland Oil Co., 155 Fla. 114, 20 So.2d 346 (1944); M.A. Kite Co. v. A.C. Samford, Inc., 130 So.2d 99 (Fla.App. 1961).

Appellant also attempts to present a question as to the pendency of a prior suit on the same cause of action but that point is not supported by the record. We expressly decline to pass on the point. It must appear from the record that the trial court had an opportunity to rule upon the issue for this court to undertake a consideration of the point. Permenter v. Bank of Green Cove Springs, 136 So.2d 377 (Fla.App. 1962).

Affirmed.


Summaries of

Henry v. Lemac Builders, Inc.

District Court of Appeal of Florida, Third District
Mar 25, 1971
245 So. 2d 115 (Fla. Dist. Ct. App. 1971)
Case details for

Henry v. Lemac Builders, Inc.

Case Details

Full title:OMER HENRY, APPELLANT, v. LEMAC BUILDERS, INC., A FLORIDA CORPORATION…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 25, 1971

Citations

245 So. 2d 115 (Fla. Dist. Ct. App. 1971)

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