Florida District Courts of Appeal, 1998

Smith v. Morgan Carratt & O'Conner, P.A.

Florida District Courts of Appeal · Decided January 28, 1998 · Owen, Polen, Stevenson, William

710 So. 2d 1; 1998 Fla. App. LEXIS 609; 1998 WL 27875 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Waste Corp. of America v. Choice Sanitation, Inc. (Fla. Dist. Ct. App. 2000)
Otto v. Rodriguez (Fla. Dist. Ct. App. 1998)

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.

Appellant appeals a non-final order of the Broward County circuit court denying her motion to continue and motion to dismiss or transfer venue of an action against her on a promissory note. Because it appears that the trial court afforded her no opportunity to present evidence to support her allegations— which, if true, would have established that, venue was proper in Monroe County and not in Broward County — we reverse and remand for the trial court to conduct an evidentiary hearing on that issue. See Cameron v. Smith New Court, Inc., 608 So.2d 923 (Fla. 3d DCA 1992).

POLEN and STEVENSON, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.