Aquaco, Inc. v. Hopkin, 323 So. 2d 678 (Fla. 3d DCA 1975). · Go Syfert
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Aquaco, Inc. v. Hopkin, 323 So. 2d 678 (Fla. 3d DCA 1975). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 1 distinct court.
Strongest positive: Tip Top Enterprises v. Summit Consulting (fladistctapp, 2005-04-06)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Tip Top Enterprises v. Summit Consulting
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Aquaco, Inc. v. Hopkin, 323 So.2d 678, 679 (Fla. 3d DCA 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"); Fixel v. Clevenger, 285 So.2d 687, 688 (Fla. 3d DCA 1973)(finding that the privilege of venue was waived where the defendant "filed an answer in which he denied all the allegations of the complaint, but made no objection to venue"); 56 Fla. Jur. 2d Venue § 106 (footnotes omitted) ("An assertion of the stat…
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AQUACO, INC., a Corporation, Appellant,
v.
Norma HOPKIN D/B/a Tropical Fish Warehouse and Northwest Miami Tropical Wholesalers, Inc., Appellees.
75-987.
District Court of Appeal of Florida, Third District.
Dec 9, 1975.
323 So. 2d 678
Hendry, Haverfield and Nathan.
Cited by 4 opinions  |  Published

Krongold & Bass and Theodore Bayer, Miami, for appellant.

Emanuel Sponder, Miramar, for appellees.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

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

[*679] 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.