Florida District Courts of Appeal, 2004

Lanza v. Lawnwood Medical Center, Inc.

Lanza v. Lawnwood Medical Center, Inc.
Florida District Courts of Appeal · Decided August 4, 2004 · Allen, Ervin, Hawkes
878 So. 2d 491; 2004 Fla. App. LEXIS 11414; 2004 WL 1737095 (Southern Reporter, Second Series)

Lanza v. Lawnwood Medical Center, Inc.

Opinion of the Court

PER CURIAM.

Appellants, Dr. John Lanza (Lanza) and Attorney General, Charles Crist appeal the trial court’s non-final order denying Lan-za s motion to dismiss for improper venue or, in the alternative, motion to transfer to St. Lucie County. We affirm.

In this case, Appellees, Lawnwood Medical Center, Inc., sued Lanza and the Attorney General in a declaratory judgment action. Because the Attorney General was a party to the action at the time the motion was ruled upon, venue in Leon County was proper. See Dep’t of Children & Families v. Sun-Sentinel, Inc., 865 So.2d 1278 (Fla. 2004) (noting the “home venue privilege” provides that venue in a suit against the state is proper only in the county in which the state maintains its principal headquarters); see also § 47.021, Fla. Stat. (2003) (providing “[ajctions against two or more defendants residing in different counties may be brought in any county in which any defendant resides.”). Since Lanza moved to have the case dismissed or venue changed when the Attorney General was still a party to the action, the trial court did not err by denying Lanza’s motion at that time.

AFFIRMED.

ERVIN, ALLEN, and HAWKES, JJ., concur.

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