When you decide that you want to pursue litigation to resolve a commercial dispute issue, there are several choices that you must make. One of those is where to file the lawsuit. You must make sure that the place you’ve selected is somewhere where the courts have jurisdiction and also somewhere that is an appropriate venue for the case. These are two different legal concepts and are governed by two separate legal standards. A shortcoming on either one, whether it is a lack of jurisdiction or improper venue, can result in your case being moved or dismissed. Contact a knowledgeable South Florida commercial litigation attorney to make sure your case has what it takes to clear all of the procedural hurdles.
A recent contract dispute in Florida was an example of this issue in action. The underlying dispute was one between an Alachua County church and a Martin County-based cell phone tower services provider. The church and the provider had a written management agreement that described the contents of their deal.
The relationship deteriorated and the provider sued, alleging breach of contract. The provider brought its case on its “home turf,” filing in Nineteenth Judicial Circuit, which is in Martin County. That led the church to fight back by filing a motion asking the judge dismiss the case or else to transfer it away from Martin County due to improper venue. The plaintiff asserted that Martin County was a proper venue because it was asking for liquidated damages payable in that county.