Florida District Courts of Appeal, 1991

Leclaire v. Schneider

Florida District Courts of Appeal · Decided June 5, 1991 · No. 90-0671 · Downey, Farmer, Garrett

579 So. 2d 925; 1991 Fla. App. LEXIS 5702; 1991 WL 92960 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Comisky v. Rosen Management Service (Fla. Dist. Ct. App. 1994)
Comisky v. Rosen Management Service, Inc. (Fla. Dist. Ct. App. 1994)
Khandjian v. Compagnie Financiere Mediterranee Cofimed, SA (Fla. Dist. Ct. App. 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We dismiss appellant’s appeal of the trial court order that denied his motion to dismiss based upon Florida Rule of Civil Procedure 1.1070(j) (case dismissed if service of initial process and pleading not made within 120 days of filing initial pleading). That order is a non appealable non-final order. See Cole v. Posadap, 555 So.2d 367 (Fla. 3d DCA 1989).

However, we reverse the denial of appellant’s motion for change of venue. Appel-lees concede that proper venue is in Bro-ward or Dade County. We remand with directions to the Clerk of the Circuit Court for Palm Beach County to transfer the case to whichever of those counties the appel-lees designate.

DISMISSED IN PART; REVERSED IN PART AND REMANDED WITH DIRECTIONS.

DOWNEY, GARRETT and FARMER, JJ., concur.

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