Berry Patch Ridge, LLC, Southern Citrus Nurseries, LLC, and Thayer Berry Hill, LLC v. Everglades Harvesting, Inc.

Summary

The Florida Sixth District Court of Appeal affirmed the denial of a motion to dismiss and alternative motion to transfer venue in a contract dispute involving agricultural harvesting services. The court held that the defendants failed to meet their burden of demonstrating that venue in Hendry County was improper because they did not request an evidentiary hearing or submit an affidavit or other sworn evidence. The court did not decide whether the underlying agreement was ultimately enforceable.

Holdings

1. Appellants failed to meet their burden of demonstrating that venue in Hendry County was improper because the amended complaint did not show on its face that venue was improper and Appellants submitted no affidavit, sworn proof, or other evidence supporting their venue challenge.
2. The court did not determine whether the agreement was ultimately enforceable because the record was insufficient to establish error in denying the motion to transfer venue.

Questions Presented

1. Whether Appellants demonstrated that venue in Hendry County was improper.
2. Whether the appellate court could determine on this record that the agreement's Hendry County venue provision was unenforceable.

Disposition

affirmed