Florida District Courts of Appeal, 2003

Casper v. Greenstein

Casper v. Greenstein
Florida District Courts of Appeal · Decided July 2, 2003 · Gross, Klein, Shahood
848 So. 2d 453; 2003 Fla. App. LEXIS 10154; 2003 WL 21506900 (Southern Reporter, Second Series)

Casper v. Greenstein

Opinion of the Court

PER CURIAM.

We withdraw the previous opinion filed on May 21, 2003 and substitute the following.

Appellee plaintiffs sued appellant, as well as McDonald’s Corporation, as a result of a slip and fall in one of appellant’s stores in Leon County. The only basis on which venue could be proper in Palm Beach County, where this suit was filed, was if McDonalds was a party. Mc-Donalds’ motion for summary judgment was granted, with leave for plaintiffs to amend. Because McDonalds remains a party at this time, we must affirm, but we do so without prejudice to renewal of the motion to dismiss or transfer venue to *454Leon County, in the event McDonalds is no longer a party.

KLEIN, SHAHOOD and GROSS, JJ., concur.

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