31 March

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Home Venue Privilege Applies to Government Defendants

“Governmental defendants in Florida are entitled, absent waiver or exception, to “home venue privilege,” i.e., to be sued in the county where their headquarters are located.” Florida Pace Funding Agency v. Pinellas County, 49 Fla.L.Weekly 660a (Fla. 2d DCA 2024). This home venue privilege is important to governmental entities since it ensures they are sued in their home county, i.e., where their taxpayers and residents will serve on a jury. A remote exception to this home venue privilege is known as the sword wielder exception. The sword wielder exception allows a plaintiff to sue a government defendant outside of the home county...

20 August

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Venue Considerations when Challenging Venue

Posted by David Adelstein

in Appeal, Trial Perspectives

In a recent construction dispute, Schultz Builders & Pools, Inc. v. Icon Welding & Fabrication, LLC, 48 Fla.L.Weekly D1381b (Fla. 2d DCA 2023), a general contractor hired a subcontractor. The subcontract contained NO venue provision or specified where payments were to be due. This was important because the general contractor and subcontractor were located in different counties and the general contractor was located in the county where the project at-issue was located. A payment dispute arose, and the subcontractor sued the general contractor in the county where it was located. The general contractor moved to transfer venue to the county...

20 June

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Venue for Defamatory Social Media Post

Posted by David Adelstein

in Trial Perspectives

A defamatory social media post can lead to…you guessed it…a defamation claim asserted against the author of the post. Think about this the next time you post something on social media for the world to see. Once you post something on social media, there are many persons that receive and read the post. A question becomes where is the right venue to sue someone for a defamatory social media posting. The recent decision in Lowery v. McBee, 46 Fla.L.Weekly D1337b (Fla. 4th DCA 2021) answered this question. In this case, the plaintiff sued the defendant for posting a defamatory post on...

14 February

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Special Venue Rule in Breach of Contract Actions Known as Debtor-Creditor Rule

Posted by David Adelstein

in Trial Perspectives

There is a special venue rule known as the debtor-creditor rule, which applies in limited circumstances in breach of contract actions. The debtor-creditor rule provides that if “a cause of action [is] based on failure to pay money due under a contract and the contract does not expressly provide a place of payment, it is implied that the debtor must seek the creditor and payment is to be made where the creditor resides.” Magic Wok International, Inc. v. Li, 706 So.2d 372, 374 (Fla. 5th DCA 1998). This rule, importantly, ONLY applies when dealing with a liquidated debt; it does...

07 February

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Do Not Overlook Reviewing the Forum Selection Provision in the Contract

Posted by David Adelstein

in Trial Perspectives

Many contracts contain what is known as a forum selection provision. This provision may state that disputes arising out of the contract MUST be brought in the exclusive venue of a specific county or state. Do not overlook this provision because this provision is enforceable and will likely dictate where you will need to file suit in the event of a dispute. For instance, if you have a contract for services performed in Miami-Dade County, Florida (or you live in that County, or is receiving goods in that County), you may not want to agree to litigate disputes arising from...

15 February

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Mandatory or Permissive Forum Selection Provision

Posted by David Adelstein

in Trial Perspectives

Many contracts contain a venue provision also regarded as a forum selection provision – the jurisdiction where lawsuits are to take place. In analyzing these provisions, the initial consideration should always be whether the provision is mandatory or permissive. Mandatory forum selection clauses “require or unequivocally specify ...

31 March

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Forum Selection / Venue Provisions in Contracts are Enforceable

Posted by David Adelstein

in Appeal, Trial Perspectives

If you have a dispute, one of the first considerations should be “where do I sue?” If the dispute may arise out of or relate to a contract, you want to look at your contract. Many contracts contain forum selection or venue provisions identifying the exclusive venue governing your dispute. For instance, the provision may say something to the effect, “The exclusive venue for any dispute arising out of or relating to this contract shall be in Miami-Dade County Florida.” This means that if you plan to sue you need to do so in a court located in Miami-Dade County,...

03 February

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A Contractual Waiver of the Right to Challenge Venue is Enforceable

Posted by David Adelstein

in Trial Perspectives

Many contracts contain a forum selection provision or a venue provision. Contracts may even contain language that parties agree not to challenge or otherwise waive the venue of any filed lawsuit. An example of such a provision was included in an operating agreement: This Agreement is to be construed and governed by the laws of the State of Florida (without giving effect to principles of conflicts of laws). Each party hereto irrevocably agrees that any legal action or proceeding arising out of or in connection with this Agreement may be brought in any state or federal court located in Florida (or in...