Florida District Courts of Appeal, 1980

Koontz v. Scharf Land Development Co.

Koontz v. Scharf Land Development Co.
Florida District Courts of Appeal · Decided July 29, 1980 · Hubbart, Pearson, Schwartz
386 So. 2d 64; 1980 Fla. App. LEXIS 17220 (Southern Reporter, Second Series)

Koontz v. Scharf Land Development Co.

Opinion of the Court

PER CURIAM.

The order denying the defendant’s motion for change of venue, which is under review by this appeal under Fla.R.App.P. 9.130(a)(3)(A), is affirmed upon a holding that: (a) an action for reformation of a warranty deed which seeks to change the title to real property is a local action and may properly be brought, as here, in the county where the real property is located, § 47.011, Fla.Stat. (1979); see Franklin v. Sherwood Park, Ltd. Inc., 380 So.2d 1323 (Fla. 3d DCA 1980); Sales v. Berzin, 212 So.2d 23 (Fla. 4th DCA 1968); and (b) the trial court, based on this record, did not abuse its discretion in declining to change the venue of this cause under Section 47.-122, Florida Statutes (1979). Hertz Corp. v. Rentz, 326 So.2d 216 (Fla. 4th DCA 1976).

Affirmed.

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