271 F.2d 426 - Dibble v. Cresse — 271 F.2d 426

How this case has been cited

Cited by 4 later decisions — most recently June 1978

1 federal appellate · 1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *427I. R. Mayers, Miami, Fla., for appellant.

¶2Henry Burnett, Walter Humkey, Phillip W. Knight, Miami, Fla., Fowler, White, Gillen, Yancey & Humkey, Miami, Fla., of counsel, for appellee.

¶3Before HUTCHESON, TUTTLE and WISDOM, Circuit Judges.

¶4PER CURIAM.

¶5Brought by plaintiff-appellant against Sid W. Jensen, alleged to be a resident of Dade County, Florida, and Ruth Mark Jensen Cresse, hereafter entitled Ruth Cresse, alleged to be a resident of the State of New Jersey, the suit was for damages for personal injuries sustained by plaintiff in an automobile collision, in the State of Florida, between an automobile driven by him and an automobile owned and driven by Ruth Cresse.

¶6On Motion of defendant Ruth Cresse, that it affirmatively appears from the amended complaint that, under Sec. 1391 (a), Title 28 U.S.C.A.,1 there is improper venue, the suit was dismissed without prejudice, and plaintiff has appealed.

¶7Here citing in support the decision and opinion of the United States District Court for the Middle District of Georgia, in Burke v. Greer, 114 F.Supp. 671, appellant insists that, though defendant has not waived the venue privilege, Sec. 1391 (a) supra, the fact that plaintiff joined her with a co-defendant who was suable in Florida, has in some way not made clear deprived her of it.

¶8Appellee, citing Olberding v. Illinois Central R. Co., 346 U.S. 338, 74 S.Ct. 83, 98 L.Ed. 39, insists that, upon principle and authority, appellant’s position is without merit, and the judgment must be affirmed. We agree.

¶9The judgment is affirmed.