Narrative Opinion Summary
In the case under review, the appellee initiated litigation against Piper Aircraft Corporation, serving process through Piper's registered corporate agent. Piper sought and obtained a venue transfer from Dade County to Indian River County, asserting its lack of operations in Dade County. Subsequently, the appellee moved to revert venue to Dade County, referencing Vellanti v. Piper Aircraft Corp., which supports venue where a foreign corporation's service agent is located. The Indian River County court temporarily transferred the case back to Dade County to address a pending rehearing motion. The appellate court dismissed Piper's appeal of this temporary transfer, citing a lack of jurisdiction over non-final orders and noting the absence of irreparable harm to Piper should the rehearing be denied. The court also declined to treat the appeal as Certiorari, emphasizing the appellant's opportunity to contest any prejudicial non-final orders in the future. Judges Glickstein and Hurley concurred with the dismissal, reinforcing the procedural posture that only final decisions on venue are appealable under the Florida Rules of Appellate Procedure.
Legal Issues Addressed
Jurisdiction of Appellate Courts over Temporary Orderssubscribe to see similar legal issues
Application: The appellate court determined it lacks jurisdiction to hear appeals on temporary orders that are not final rulings on venue.
Reasoning: The appellate court determined it lacks jurisdiction to hear the appeal, as the order in question is merely a temporary measure and not a final ruling on venue.
Non-final Order Appeals and Certiorarisubscribe to see similar legal issues
Application: The court declined to treat the matter as Certiorari, as there is no irreparable harm to the appellant if the rehearing is denied, allowing future appeals of any prejudicial non-final orders.
Reasoning: The court declined to treat the matter as Certiorari, noting that if the Dade County court denies the rehearing, the appellant would not suffer irreparable harm and could appeal any non-final order that might cause prejudice.
Venue Determination for Foreign Corporationssubscribe to see similar legal issues
Application: Venue is proper where a foreign corporation has a designated agent for service, as supported by the precedent cited in Vellanti v. Piper Aircraft Corp.
Reasoning: Ashling sought to change venue back to Dade County, citing the precedent set in Vellanti v. Piper Aircraft Corp., which affirmed that venue is proper where a foreign corporation has a designated agent for service.