Florida District Courts of Appeal, 1989

Terminix International, Inc. v. Mattern

Florida District Courts of Appeal · Decided March 23, 1989 · Dauksch, Goshorn, Sharp

539 So. 2d 1190; 14 Fla. L. Weekly 755; 1989 Fla. App. LEXIS 1494; 1989 WL 25368 (Southern Reporter, Second Series)

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from an order denying a motion for change in venue. Because the cause of action accrued in Martin County and because the parties and witnesses, as well as the allegedly damaged property, for which a jury-view is sought, are also in Martin County the suit should proceed there. The trial judge abused the discretion afforded by section 47.122, Florida Statutes (1987) in refusing to transfer venue. The order denying the motion for change of venue is quashed and this cause remanded for entry of an order of transfer.

ORDER QUASHED; REMANDED.

SHARP, C.J., and GOSHORN, J., concur.

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