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Jurisdiction??

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kickaudio

Junior Member
What is the name of your state? New Hampshire....or is Florida?

Both the person I wish to take to court and myself are from NH, and never changed our residency...however, the issue arises from a house we both lived in during time spent in Orlando Fl over a period of about 5 months....we are both back in NH now, and like I said, we were never technically residents of FL...

here is my question....can I bring him to small claims court in NH or would I be wasting my time? He was not a tenant, but a roomate...

thoughts? suggestions? I am willing to file in FL if I really, really have to (I make frequent trips there and it really wouldn't be that unrealistic for me), but it would be obviously more convenient to file in NH...

thanks allWhat is the name of your state?
 


kickaudio

Junior Member
the issue is payment for all of the damages caused by this party and the utilities consumed by the party for the last month they lived there, and for his share of the lease termination settlement fee of $1350 (one months rent)...this was ON TOP of loss of the security deposit (which I'm not even counting)...
 

154NH773

Senior Member
Too difficult for me to answer. It relies on too many unknown factors. I will say that caselaw makes it appear to me that FL is where it would be tried.

In Walsh v. Arrow Air, 629 So.2d 144 (Fla. App. 3 Dist., 1993) it states:
The rights and liabilities of the parties with respect to an issue in tort are determined by the local law of the state which, with respect to that issue, has the most significant relationship to the occurance and the parties," (citations) Further, the court noted, the contacts to be taken into account in determining the law applicable to an issue include: (a) the place where the injury occured, (b) the place where the conduct causing the injury occurred, (c) the domicile, residence... of the parties, and (d) the place where the relationship, if any, between the parties is centered.

It would seem that all these conditions relate to FL and not NH.
 

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