Bedwell v. Rucks
Florida District Court of Appeal
127 So. 3d 533 (2012)
- Written by Liz Nakamura, JD
Facts
Several accountants, including Robert Bedwell (collectively, the accountants) (plaintiffs), were associates at an accounting firm. Charles and Susan Rucks (defendants) were clients of that accounting firm. The accountants resided in either Miami-Dade County or Broward County. All transactions at the accounting firm occurred in either Miami-Dade County or Broward County. The accounting firm voluntarily liquidated, and the accountants all joined a new accounting firm. After the dissolution, the Ruckses (1) sued the accountants for professional malpractice; and (2) sued both the accountants and their new accounting firm for violations of the Fraudulent Transfer Act (FTA), alleging that the new accounting firm purchased liquidated assets from the former accounting firm to allow the former accounting firm to evade its creditors, including the Ruckses. Both actions were filed in Okeechobee County. The accountants moved to dismiss the FTA action for improper venue, arguing that venue was only proper in either Miami-Dade County or Broward County because (a) the accountants all resided in either Miami-Dade County or Broward County; and (b) the alleged fraudulent transfers giving rise to the Ruckses’ cause-of-action occurred in either Miami-Dade County or Broward County. The Ruckses challenged, arguing that the FTA cause-of-action accrued in Okeechobee County because of the damages the Ruckses suffered because of the accountants’ professional malpractice occurred in Okeechobee County. The trial court dismissed the accountants’ motion to dismiss for improper venue. The accountants appealed.
Rule of Law
Issue
Holding and Reasoning (Damoorgian, J.)
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