John Hall Elec. Contr. v. Allstate Const.
Docket: 1D05-3396
Court: District Court of Appeal of Florida; December 21, 2005; Florida; State Appellate Court
John Hall Electrical Contracting, Inc. and John M. Hall appeal a ruling from the Leon County Circuit Court, which denied their motion to transfer or dismiss a complaint filed by Allstate Construction, Inc. The complaint alleges conversion and civil theft related to the unauthorized negotiation of a check by the appellants. The appellants argue that venue is improper in Leon County because John M. Hall does not reside there, and their business does not operate in that county. They contend that the claims arose in Broward County, where the check was received and negotiated. The court, referencing Florida Statutes sections 47.011 and 47.051, explains that legal actions must be filed in the county where the defendant resides, where the cause of action occurred, or where the property in question is located. The key issue is whether the cause of action accrued in Leon County. Citing precedent, the court clarifies that for conversion claims, the wrongful act occurs where the defendant exercises control over the property, specifically at the location of the bank where the funds were withdrawn. In this case, the funds in question were drawn from a bank account in Tallahassee, indicating that the conversion occurred in Leon County. Thus, the court concludes that venue is properly maintained in Leon County Circuit Court and affirms the lower court's decision. Judges Ervin and Barfield concur with the ruling.