Venue

Question 1

Ejectment and matters involving land

Answer 1

County where land lies

Question 2

If D resides in FL

Answer 2

1. County where D resides when complaint filed.
   - or-
2. County where COA accrued (tort where it occurred, K where performance was due)

Question 3

If D does not reside in FL

Answer 3

Venue okay in ANY county. If more than one D, and one is a resident, then county where resident resides.

Question 4

FL Corporation

Answer 4

Any county which it has, or usually keeps, an office for transaction of customary business

Question 5

If venue originally improper

Answer 5

Party pays transfer costs w/i 30 days. Otherwise case is dismissed w/o prejudice.
(party who caused transfer pays costs)

Question 6

If venue originally okay, may transfer for two reasons:

Answer 6

1. A party will not receive a fair trial where case originally filed.
   Factors:
   a. Opponent has undue influence in county
   b. Moving party is so odious he can’t get a fair trial
   -c. it is impracticable to get a qualified jury

(For reasons A & B, must filed a verified petition supported by affidavits of two reputable citizens unrelated to moving party or lawyer)

2. Convenience of parties or W’s, and “interest of justice” show another court is center of gravity

Question 7

Forum Non Conveniens

Answer 7

FL court may dismiss or stay b/c another court is center of gravity for dispute

Motion must be made w/i 60 days of service of process

Looks to private and public factors.

(e. g. what law will apply)
(e. g. convenience of W’s and parties)