Casa Verde MHC, LLC v. Tenant's Rights LLC
Docket 4D2025-2002
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Florida
- Court
- District Court of Appeal of Florida
- Type
- Opinion
- Case type
- Civil
- Disposition
- Reversed
- Docket
- 4D2025-2002
Appeal from a nonfinal order denying a motion to dismiss or transfer venue in a county-court action for return of a security deposit
Summary
The appellate court reversed a county court order denying the landlord’s motion to dismiss or transfer a security-deposit suit for improper venue. The complaint showed the leased property, tenancy, and a prior eviction action were all in Hillsborough County and did not allege any office or agent of the landlord in Palm Beach County. Because the plaintiff did not plead a sufficient basis for selecting Palm Beach County, the Fourth District held venue is proper in Hillsborough County and remanded with directions to grant the motion and transfer the case there.
Issues Decided
- Whether the complaint alleged a sufficient basis for venue in Palm Beach County
- Whether venue was proper in Hillsborough County under Florida venue statutes
Court's Reasoning
The court applied the rule that a plaintiff must plead a sufficient factual basis for the chosen venue in the complaint. The face of the complaint showed the rental, tenancy, and landlord's eviction action all occurred in Hillsborough County and contained no allegation the landlord maintained an office or agent in Palm Beach County. Under Florida's venue statute § 47.051, those facts require venue in Hillsborough County, so the denial of the motion to transfer was reversed and the case was ordered transferred.
Authorities Cited
- Nicholas v. Ross721 So. 2d 1241 (Fla. 4th DCA 1998)
- Florida venue statute§ 47.051, Fla. Stat. (2024)
Parties
- Appellant
- Casa Verde MHC, LLC
- Appellee
- Tenant's Rights LLC, as assignee to Cristian Rodriguez Melendez
- Judge
- Sara Alijewicz
Key Dates
- Decision date
- 2026-04-29
What You Should Do Next
- 1
Transfer the case
The county court should grant the landlord's motion and transfer the action to the circuit court in Hillsborough County as directed by the appellate court.
- 2
Consider motion for rehearing
The plaintiff may file a timely motion for rehearing in the Fourth District if it believes the venue ruling was incorrect; otherwise the transfer will proceed.
- 3
Prepare for proceedings in new venue
Both parties should update counsel and filings to reflect Hillsborough County jurisdiction and comply with that court's local rules and deadlines.
Frequently Asked Questions
- What did the court decide?
- The court decided the case was filed in the wrong county and ordered it moved from Palm Beach County to Hillsborough County because the complaint showed the underlying tenancy and related actions occurred there.
- Who is affected by this decision?
- The landlord (Casa Verde MHC, LLC) and the tenant-assignee (Tenant's Rights LLC) are affected because the lawsuit will proceed in Hillsborough County rather than Palm Beach County.
- What happens next in the case?
- The county court must grant the landlord’s motion and transfer the action to the circuit court in Hillsborough County for further proceedings.
- Why was venue improper in Palm Beach County?
- Because the complaint itself showed all relevant events and the eviction action occurred in Hillsborough County and it did not allege the landlord had an office or agent in Palm Beach County, so the statutory basis for venue in Palm Beach was missing.
- Can this decision be reconsidered?
- A timely motion for rehearing to the district court may be filed; otherwise the mandate will issue and the case will be transferred as directed.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
CASA VERDE MHC, LLC,
Appellant,
v.
TENANT’S RIGHTS LLC, as assignee to
CRISTIAN RODRIGUEZ MELENDEZ,
Appellee.
No. 4D2025-2002
[April 29, 2026]
Appeal of a nonfinal order from the County Court for the Fifteenth
Judicial Circuit, Palm Beach County; Sara Alijewicz, Judge; L.T. Case No.
502025SC006494XXXAWB.
Brian C. Chase and LeBron C. Page of Atlas Law, PLLC, Tampa, for
appellant.
Daniel W. Bialczak of Korte & Associates, PLLC, Palm Beach Gardens,
for appellee.
PER CURIAM.
Casa Verde MHC, LLC (“Landlord”) appeals the trial court’s order
denying its motion to dismiss or transfer venue of a suit brought for return
of a security deposit. Because Tenant’s Rights LLC failed to allege a basis
for venue in Palm Beach County on the face of the complaint, we reverse.
See Nicholas v. Ross, 721 So. 2d 1241, 1242 (Fla. 4th DCA 1998) (“[T]he
plaintiff must allege in the complaint a sufficient basis for the selected
venue.”). It is undisputed from the face of the complaint that the leased
property is located in Hillsborough County, the tenancy occurred in
Hillsborough County, and the Landlord’s eviction action was filed in
Hillsborough County. Further, the complaint does not allege that the
Landlord maintains an office or agent in Palm Beach County. Therefore,
venue is proper in Hillsborough County. See § 47.051, Fla. Stat. (2024).
This matter is remanded with directions to grant Landlord’s motion and
transfer this action to the circuit court in Hillsborough County.
Reversed and remanded.
CIKLIN, GERBER and SHAW, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
2