Have you brought a West Palm Beach probate lawsuit that was dismissed due to improper venue? Do you know what that means? You may want to hear what the Third District Court of Appeals of Florida had to say about the matter in a case filed today, May 13, 2015.
Proper and Improper Venue
- Venue is distinct from something else known as jurisdiction.
- Jurisdiction is about whether a court has authority to hear a case; venue is more about whether or not it should hear that case.
- When can you motion for improper venue?
- Usually when there is a more convenient venue, improper venue motions may be granted, for instance because of geographic reasons.
- Also sometimes, venue is pre-chosen in an agreement or estate document.
- Check your trust agreement or most recent Last Will and Testament; do you see aforum or venue clause?
- Is there anyway to get over that?
- The answer may surprise you; check out what happened in a case filed yesterday in the Third District Court of Appeals in and for Miami-Dade County.
Michaluk v. Credorax et. Al.
- The plaintiff appealed an order dismissing his complaint for improper venue.
- The question before the court was whether the forum choice was permissive or mandatory.
- What do you think? The agreement read as follows:
- “This Agreement shall be governed by and construed in accordance with the Laws of Malta and each party herein submits to the jurisdiction of the Courts of Malta as regards any claim, dispute or matter arising out of or in connection with this Agreement, its implementation and effect.” (emphasis added).
- A dispute broke out regarding non-payment of fees and the plaintiff filed a complaint in Miami-Dade county which the defendant attempted to dismiss.
- On appeal the court held that the above quote was actually a permissive venue clause, which allowed both parties to sue in Malta, but nothing else.
- In other words it did not remove the right to sue in Florida, do you agree?
- Palm Beach probate litigators know that sometimes even a strongly worded agreement can be wiggled out of.
Want to learn more? Check out the entire case by clicking here.