47.061
Action on promissory notes.
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47.061 Action on promissory notes.—Actions on unsecured negotiable or nonnegotiable promissory notes shall be brought only in the county in which such notes were signed by the maker or one of the makers or in which the maker or one of the makers resides. When any such note was signed by the makers in more than one county, action may be brought thereon in any such county. This section shall be liberally construed in favor of the makers of such notes.
History.—ss. 1, 2, ch. 17134, 1935; CGL 1936 Supp. 4223(1); s. 3, ch. 67-254; s. 11, ch. 73-334.
Note.—Former s. 46.05.
Notes of Decisions
Cited in 16
cases, 1968–2002 · leading case: Loiaconi v. Gulf Stream Seafood, Inc.
Loiaconi v. Gulf Stream Seafood, Inc. (2002)
“Section 47.061, Florida Statutes (2000), provides in pertinent part that an action on an unsecured promissory note shall be brought only in the county where the note was signed by the maker or in which the maker resides.”
Hallmark Industries, Inc. v. Scarborough Chemicals, Inc. (1982)
“The maker of a promissory note contends that suit should have been brought by the payee in the County where the note was signed pursuant to Section 47.061, Florida Statutes (1979). The trial judge disagreed.”
Gator Office Supply & Furniture, Inc. v. Amsouth Bank of Florida, N.A. (1998)
“See § 47.061, Fla. Stat. (1995). Reversed and remanded.”
Perry Bldg. Systems, Inc. v. Hayes & Bates, Inc. (1978)
“The appellate court, reversing the trial court's refusal to grant a motion to transfer venue to Pinellas County, tersely stated: "* * * The default, if there was a default, occurred when the Pinellas County defendant renounced the contract there * * *" [10] The motion of the…”
Schwartz v. CAPITAL CITY FIRST NAT. BANK (1978)
“Appellant first contends that the provisions of § 47.061, Florida Statutes, relating to venue in suits on promissory notes do not cover supplementary proceedings filed pursuant to Chapter 56.”
Fine v. Carney Bank of Broward County (1987)
“Appellant is correct that section 47.061, Florida Statutes (1985), requires actions on *559 unsecured negotiable or nonnegotiable promissory notes to be brought “only in the county in which such notes were signed by the maker .”
Searle v. Fortune Federal Savings & Loan Ass'n (1985)
“Section 47.061, Florida Statutes (1983), provides that suits on unsecured promissory notes shall be brought only in the county in which the maker resides or in which the maker signs the note.”
MML Development Corp. v. Eagle National Bank of Miami (1992)
“The withdrawal of the foreclosure count by Eagle in the early stages of this litigation has changed the litigation into an action on a promissory note which involves the provisions of section 47.061, Florida Statutes (1991). The section provides: Actions on unsecured negotiable…”
Olmo v. Muro (1984)
“The final order under review dismissing the action below is reversed and the cause is remanded for further proceedings upon a holding that the defendant Henry Corona Muro, a resident of Puerto Rico, was not entitled to have the action below dismissed for improper venue under…”
Foster v. Greco (1975)
“The proof here is that the note was signed in Sumter County and appellant resides in Sumter County.”
Baker v. Huevel (1982)
“§ 47.061, Fla.Stat. (1979), provides: Actions on unsecured negotiable or nonnegotiable promissory notes shall be brought only in the county in which such notes were signed by the maker or one of the makers or in which the maker or one of the makers resides.”
Adler v. Copa Corp. (1968)
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