31 Ford LLC v. Tenant's Rights LLC as Assignee to Marie Zulme
CourtDistrict Court of Appeal of Florida
Date FiledJuly 1, 2026
Docket4D2026-0312
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
31 FORD LLC,
Appellant,
v.
TENANT’S RIGHTS LLC, as assignee to MARIE ZULME,
Appellee.
No. 4D2026-0312
[July 1, 2026]
Appeal from the County Court for the Fifteenth Judicial Circuit, Palm
Beach County; Sara Alijewicz, Judge; L.T. Case No.
502025SC017323XXXAWB.
Michael Ira Bernstein, Matthew Savino and Jordan Charles Kaplan of
The Bernstein Law Firm, Miami, for appellant.
Daniel William Bialczak of Korte & Associates, PLLC, Palm Beach
Gardens, for appellee.
LOTT, J.
31 Ford LLC (“Landlord”) appeals an order denying its motion to
dismiss or transfer venue of a suit brought in Palm Beach County for
return of a security deposit. We reverse based on Casa Verde MHC, LLC
v. Tenant’s Rights LLC, No. 4D2025-2002, 2026 WL 1154014 (Fla. 4th DCA
Apr. 29, 2026).
As in Casa Verde, the face of appellee’s complaint failed to allege a basis
for venue in Palm Beach County. See id. (citing Nicholas v. Ross, 721 So.
2d 1241, 1242 (Fla. 4th DCA 1998) (“[T]he plaintiff must allege in the
complaint a sufficient basis for the selected venue.”)). The complaint’s
generalized citation to Florida Small Claims Rule 7.060 is insufficient for
appellee to satisfy its burden to plead venue. See Fla. Sm. Cl. R. 7.060(a)
(listing seven permissible filing locations).
Consequently, we reverse and remand with directions to grant
Landlord’s motion and transfer this action to Miami-Dade County court.
Reversed and remanded.
GROSS and SHAW, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
2