Florida District Courts of Appeal, 1973

Indian River Foods, Inc. v. Citrusales, Inc.

Indian River Foods, Inc. v. Citrusales, Inc.
Florida District Courts of Appeal · Decided March 30, 1973 · Cross, Owen, Reed
280 So. 2d 36; 1973 Fla. App. LEXIS 7800 (Southern Reporter, Second Series)

Indian River Foods, Inc. v. Citrusales, Inc.

Opinion of the Court

PER CURIAM.

Appellant, defendant below, brings interlocutory appeal to review denial of its motion to transfer venue of this cause from Broward County to St. Lucie County. We reverse on the authority of Mendez v. George Hunt, Inc., Fla.App.1966, 191 So.2d 480 and remand with instructions to grant appellant’s motion for change of venue.

REED, C. J., and CROSS and OWEN, JJ., concur.

070rehearing

ON PETITION FOR RE- ■ HEARING GRANTED

Having granted petition for rehearing and heard oral argument, we recede from our opinion and decision filed March 30, 1973, reversing the order denying defendant-appellant’s motion to transfer venue, and hereby affirm such order on the authority of Saf-T-Clean, Inc. v. Martin-Marietta Corporation, Fla. 1967, 197 So.2d 8.

Affirmed.

REED, C. J., and OWEN, J., concur.

CROSS, J., dissents without opinion.

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