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Urban v. Venne

Citations: 595 So. 2d 1108; 1992 Fla. App. LEXIS 3972; 1992 WL 61320Docket: No. 91-3018

Court: District Court of Appeal of Florida; March 30, 1992; Florida; State Appellate Court

Narrative Opinion Summary

A nonresident person impleaded in a supplementary proceeding under section 56.29, Florida Statutes (1989), cannot be compelled to appear in Dade County for discovery if there is no basis for long-arm jurisdiction. The court reaffirms the ruling in Patterson v. Venne, allowing plaintiffs to obtain discovery from the nonresident but requiring that such proceedings occur at the nonresident's place of residence. Additionally, the challenge to the venue in Dade County is deemed meritless. The decision is affirmed in part and reversed and remanded for further consistent proceedings.

Legal Issues Addressed

Challenge to Venue

Application: The venue challenge in Dade County is considered without merit.

Reasoning: Additionally, the challenge to the venue in Dade County is deemed meritless.

Decision on Appeal

Application: The court's decision is partially affirmed and partially reversed, with further proceedings required for consistency with the ruling.

Reasoning: The decision is affirmed in part and reversed and remanded for further consistent proceedings.

Discovery Proceedings at Nonresident's Location

Application: The ruling allows plaintiffs to conduct discovery from a nonresident, but mandates that such proceedings occur at the nonresident's place of residence.

Reasoning: The court reaffirms the ruling in Patterson v. Venne, allowing plaintiffs to obtain discovery from the nonresident but requiring that such proceedings occur at the nonresident's place of residence.

Supplementary Proceedings and Nonresident Defendants

Application: A nonresident defendant in a supplementary proceeding under section 56.29 cannot be compelled to appear for discovery in a county without a basis for long-arm jurisdiction.

Reasoning: A nonresident person impleaded in a supplementary proceeding under section 56.29, Florida Statutes (1989), cannot be compelled to appear in Dade County for discovery if there is no basis for long-arm jurisdiction.