Where Do You Want to Be Sued

By Clifford A. Taylor

Obviously, no one wants to be sued. But if you are in business in the State of Florida you need to understand that if you don’t have a contract that legally defines and restricts the correct place (KNOWN AS VENUE, in legalize) to file a suit against your business, you will be bound by the laws of Florida. Being bound by the laws is not that simple, because there are different interpretations about where the correct venue lies in this state. That variance depends on each of the five district courts of appeal. The Florida Legislature has determined that a party can sue you, the Defendant, in one of three separate locations. The three locations are (1) were you live or where your business entity has an office for transaction of its customary business, (2) were the cause of action accrues and (3) where the property that is the subject matter of the litigation is located. (See Section 47.11, Florida Statutes for individual venue and Section 47.051 for corporations). It is the second prong that has caused the most concern for an individual or corporate defendant. There are many differing ways Florida Courts have interpreted accrual. An individual or a corporation could find himself/herself or itself defending anywhere from Miami-Dade County to the Panhandle of Florida. Therefore, if you are conducting business in Florida, the Hogan Law Firm can assist in guiding your business in keeping any defense here locally.