Florida District Courts of Appeal, 2012

Brown v. Nagelhout

Brown v. Nagelhout
Florida District Courts of Appeal · Decided May 16, 2012 · Damoorgian, Hazouri
126 So. 3d 1093; 2012 WL 1696772; 2012 Fla. App. LEXIS 7832 (Southern Reporter, Third Series)

Brown v. Nagelhout

Opinion of the Court

ON REMAND FROM THE SUPREME COURT OF FLORIDA

DAMOORGIAN, J.

We reconsider on remand our opinion in Brown v. Nagelhout, 33 So.3d 83 (Fla. 4th DCA 2010), which was quashed by the Florida Supreme Court following its decision in Brown v. Nagelhout, 84 So.3d 304 (Fla. 2012).

Based on the Supreme Court’s holding in Brown, applying the plain language of sections 47.011, 47.021, and 47.051, Florida Statutes (2009), we reverse the trial court’s order granting Kim J. Nagelhout, Helena Chemical Co., Inc., and CSX Transportation, Inc.’s motion to transfer venue from Broward County to Pasco County, Florida.

Reversed.

MAY, C.J., and HAZOURI, J., concur.

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