State Department of Transportation v. San Marco Contracting Co.

355 So. 2d 133 (1978)

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State Department of Transportation v. San Marco Contracting Co.

Florida District Court of Appeal
355 So. 2d 133 (1978)

Facts

San Marco Contracting Company (San Marco) (defendant), a St. Johns County resident, was the prime contractor for a State Department of Transportation (DOT) (plaintiff) project in Walton County. The DOT was headquartered in Leon County. Noonan, a subcontractor, sued San Marco in Escambia County for money damages; venue was proper because San Marco was contractually obliged to tender payment to Noonan in Escambia County. San Marco then filed a third-party indemnity claim in Noonan’s Escambia County action against the DOT. The DOT moved to transfer San Marco’s third-party claim to Leon County, arguing that (1) any indemnity payments owed by the DOT would not be payable to San Marco in Escambia County; and (2) Escambia County would be an improper venue for an independent indemnity action filed by San Marco against the DOT. The trial court denied DOT’s change-of-venue motion, holding that Escambia County was a proper venue because Noonan’s action, from which San Marco’s third-party claim arose, was pending in Escambia County. The DOT appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, C.J.)

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