Legal Question in Civil Litigation in Florida

If the plaintive lives in Florida, defendant lives in Georgia and the incident at question happened in Alabama which state would the court proceedings take place??


Asked on 12/02/14, 8:10 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You don't clarify whether this is a personal injury action. The venue of the personal injury is the place where the court proceeding would take place. In some circumstances, the Plaintiff can choose a venue and the other side can agree if it is more convenient.

Read more
Answered on 12/02/14, 9:21 am
David Burns David H. Burns, P. A.

It depends. What type of case? Generally speaking, it could be brought where the cause of action arose, i.e., where the"incident" occurred (Alabama) or it could be brought where the Defendant lives (Georgia). If brought in Georgia, most likely Alabama substantive law would still apply regarding damages awardable, statute of limitations (i.e., time limit for filing suit), etc. However, the above is only general information. You need to consult an attorney with more details to get meaningful advice regarding the best option to pursue.

Read more
Answered on 12/02/14, 11:11 am


Related Questions & Answers

More General Civil Litigation questions and answers in Florida