Florida District Courts of Appeal, 2013

Duhaime v. Duhaime

Duhaime v. Duhaime
Florida District Courts of Appeal · Decided August 30, 2013 · Lawson, Orfinger, Sawaya
119 So. 3d 1267; 2013 WL 4605442; 2013 Fla. App. LEXIS 13929 (Southern Reporter, Third Series)

Duhaime v. Duhaime

Opinion of the Court

PER CURIAM.

Guy J. Duhaime appeals the dismissal of his civil action against his siblings, Brenda Duhaime and Cecile Stewart. Mr. Du-haime sued his siblings in Hernando County, claiming that they cheated him out of an inheritance. The trial court dismissed the claim, finding that venue was improper and that a similar lawsuit had previously been filed and dismissed in Polk County. We reverse.

If venue is improper, transfer, rather than dismissal is the proper remedy. Ki-netiks.Com, Inc. v. Sweeney, 789 So.2d 1221, 1222 (Fla. 1st DCA 2001). The pre-clusive effect of the Polk County case, if any, should be determined by the transferee court as the record contains nothing about the earlier case other than a vague reference to its existence.

REVERSED and REMANDED.

SAWAYA, ORFINGER and LAWSON, JJ., concur.

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