State Department of Transportation v. San Marco Contracting Co.

355 So. 2d 133 (1978)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
S
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

State Department of Transportation v. San Marco Contracting Co.

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

  • Written by Liz Nakamura, JD

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 810,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 810,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 810,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Civil Procedure

Key Terms