Case Law alert - Real property - Assignment of Rights - venue for case

October 25, 2019

 

 

Structural Wrap, LLC v. Sec. First Ins. Co. (Fla. App., 2019)

 

We affirm because the rights of Appellant Structural Wrap arise only by way of homeowner Jason Hickle's assignment of rights. Accordingly, Structural Wrap's rights and claims are wholly derivative of those that could have been asserted by Jason Hickle. See Homestead Land Grp., LLC v. City of Homestead, 165 So. 3d 62, 65 (Fla. 3d DCA 2015) (citing Farkus v. Fla. Land Sales & Dev. Co., 915 So. 2d 688, 689 (Fla. 5th DCA 2005) ("[A]n assignment gives the assignee no greater rights . . . than those held by the assignor."); Shreve Land Co. v. J & D Fin. Corp., 421 So. 2d 722, 724 (Fla. 3d DCA 1982) ("The law is well settled that an assignee succeeds to his assignor's rights under the assignment . . . and takes it with all the burdens to which it is subject in the hands of the assignor.")). Thus, because the property is located in Bay County, Florida, Structural Wrap performed the services for which it is seeking payment in Bay County, Florida, and there is no allegation in the record that Jason Hickle has any connection to Miami-Dade County, Florida, we find no abuse of discretion by the trial court in transferring the case to Bay County.

 

 

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